LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

Class 


Addresses  and  Papers 

of 

Charles  Evans  Hughes 

Governor  of  New  York 
1906-1908 

With  an  Introduction  by 

Jacob  Gould  Schurman 

President  of  Cornell  University 


G.  P.  Putnam's  Sons 
New  York  and  London 
Gbe  Ikntcfcerbocfcet  jprcss 

1908 


COPYRIGHT,  1908 

BY 
G.  P.  PUTNAM'S  SONS 


TTbc  "Rnicfterbocfter  press,  flew  fflorfc 


PREFACE 

There  is  no  more  interesting  figure  before 
the  American  public  to-day  than  Charles  Evans 
Hughes,  Governor  of  New  York.  His  sudden 
rise  into  political  prominence  is  one  of  the  most 
hopeful  and  significant  signs  of  the  great 
moral  awakening  now  in  progress  in  the  United 
States.  Three  years  ago  he  was  almost  un 
known  outside  of  the  legal  profession  of  his 
own  State.  All  over  the  country  people  are 
watching  his  career  with  eagerness  and  hope, 
and  many  of  them  have  come  to  the  conclusion 
that  he  is  worthy  of  the  presidency.  But 
although  there  is  general  confidence  in  his 
ability  and  honesty,  comparatively  little  is 
known  of  his  political  views,  especially  on 
national  issues.  He  has  wished  to  be  judged 
by  his  performances  and  not  by  his  professions, 
consequently  the  messages  and  speeches  con 
taining  his  opinions  on  the  questions  of  the 
day  are  buried  among  official  documents  or 
lost  in  the  files  of  the  daily  papers.  Believing 
that  Mr.  Hughes's  views  should  be  better 


218053 


ii  Preface 

known,  The  Independent  arranged  for  the  pub 
lication  of  the  present  volume  of  his  letters 
and  speeches.  This  gives  the  American  people 
for  the  first  time  an  opportunity  to  study  his 
utterances  and  to  form  an  intelligent  opinion 
of  his  fitness  for  the  high  office  for  which  he 
has  been  suggested.  President  Schurman's 
introduction  is  reprinted  from  The  Independent 
of  December  26,  1907.  The  material  has 
been  gathered  together  by  Robert  H.  Fuller, 
Secretary  to  the  Governor ;  and  the  proofs 
have  been  read  by  Gardner  Richardson  of 
The  Independent. 

HAMILTON  HOLT, 
Managing  Editor  of  The  Independent. 


CONTENTS. 

PACK 

INTRODUCTORY vii 

By  JACOB  GOULD  SCHURMAN,  LL.D. 
I. — PUBLIC    OFFICE    AND    PARTY    PRINCIPLES. 

I. — Reply  to  Committee  Appointed  to  Notify 
him  of  his  Nomination  for  Mayor  of 
New  York  City,  October  9,  1905 3 

II. — Speech  in  Response  to  Formal  Notifi 
cation  of  his  Nomination  as  the  Re 
publican  Candidate  for  Governor,  at 
the  Republican  Club,  New  York  City, 
October  3,  1906 9 

III. — Inaugural  Address,  Albany,  N.  Y.,  Jan 
uary  i,  1907 19 

IV. — Speech  at  the  Dinner  of  the  Republican 
Club  of  the  City  of  New  York,  October 
18,  1907 24 

V. — Correspondence  with  James  S.  Lehmaier 

of  New  York  City 37 

iii 


iv  Contents 

PAGE 

VI. — Address  before  the  Republican  Club  of 
the  City  of  New  York,  January  31, 
1908 40 

VII. — Address  at  the  Union  League  Club  Meet 
ing  in  the  Auditorium  at  Chicago, 
Saturday,  February  22,  1908 62 

II. — REGULATION  OF  PUBLIC-SERVICE  CORPORATIONS. 

I. — Message  to  the  Legislature,  January  2, 
1907,  Recommending  the  Passage  of 
the  Public-Service  Commissions  Law  89 

II. — Speech  at  the   Banquet   of  the   Utica 

Chamber  of  Commerce,  April  i,  1907  .      100 

III.— Speech  at  the  Glens  Falls  Club,  April  5, 

1907 113 

IV.— Speech  at  the  Banquet  of  the  Buffalo 

Chamber  of  Commerce,  April  18,  1907     126 

V. — Speech  before  the  Elmira  Chamber  of 

Commerce,  May  3,  1907 133 

VI.— Veto  of  the  Two-Cent  Fare  Bill 147 

III. — OCCASIONAL  ADDRESSES. 

I. — Speech  at  the  Banquet  of  the  Albany 
Republican  Organization,  February 
27,  1907 J57 

II. — Speech  at  the  National  Arbitration  and 
Peace  Congress,  New  York  City,  April 

l63 


Contents  v 

PAGB 

III. — Address  at  the  Dedication  of  the  Build 
ings  of  the  New  York  State  College 
of  Agriculture,  at  Cornell  University, 
April  27,  1907 171 

IV.— Address  at  the  Unveiling  of  Tablets  at 
the  Hall  of  Fame,  New  York  Uni 
versity,  May  31,  1907 179 

V. — Address  at  the  Jamestown  Exposition  on 
Jefferson  Memorial  Day,  July  5,  1907, 
in  connection  with  the  Reunion  of 
the  Descendants  of  the  Signers  of  the 
Declaration  of  Independence 190 

VI. — Address  at  Chautauqua,  August  24,  1907     203 

VII. — Speech  at  the  Washington  County  Fair, 

Sandy  Hill,  N.  Y.,  August  27,  1907..     215 

VIII.— Speech  at  the  Dedication  of  the  Mc- 
Kinley  Monument  in  Buffalo,  Septem 
ber  5,  1907 231 

IX. — Address  at  the  National  Encampment 
of  the  Grand  Army  of  the  Republic, 
Saratoga,  September  10,  1907 235 

X. — Address  at  the  Dedication  of  the  Monu 
ment  to  General  Greene  at  Gettys 
burg,  September  27,  1907 239 

XL — Speech  at  the  Jamestown  Exposition  on 

New  York  Day,  October  10,  1907 ....      243 


vi  Contents 

PAGE 

XII. — Address  at  the  Dedication  of  the  Monu 
ment  to  General  Franz  Sigel,  New 
York  City,  October  19,  1907 255 

XIII.— Address  at  the  Charity  Organization 
Society,  Carnegie  Hall,  New  York 
City,  November  19,  1907 263 

XIV. — Speech  at  the  Opening  of  the  Civic  Forum 
at  Carnegie  Hall,  New  York  City, 
November  20,  1907 272 

XV. — Speech  at  the  Meeting  in  the  Interest 
of  Tuskegee  Institute,  Held  at  Carne 
gie  Hall  on  the  Evening  of  January 
17,  1908 .  284 


INTRODUCTORY 

BY  JACOB  GOULD  SCHURMAN,  LL.D. 
PRESIDENT  OF  CORNELL  UNIVERSITY 

IN  complying  with  the  request  of  the  editor 
of  The  Independent1  to  write  an  article  on 
Governor  Hughes,  I  have  assumed  that  what 
is  desired  is,  not  an  intimate  account  of  his 
personality,  but  an  estimate  of  his  attitude  and 
career  as  a  public  man.  Even  for  this  pur 
pose,  however,  a  brief  sketch  of  his  life  will 
prove  a  helpful  introduction. 

Charles  Evans  Hughes  was  born  at  Glens 
Falls,  New  York,  on  April  n,  1862.  On  the 
father's  side  he  is  of  pure  Welsh  stock,  on 
the  mother's  side  in  the  maternal  line  of  pure 
Holland  Dutch  stock,  and  in  the  paternal  line 
of  Irish,  English,  and  Scotch  blood,  with  a  pre 
dominance  of  Irish.  At  the  time  of  the  son's 
birth  the  father  was  a  pastor  of  the  Baptist 
Church  at  Glens  Falls,  though  he  had  formerly 
been  a  teacher.  The  mother  had  also  enjoyed 

1  Reprinted  from  The  Independent,  December  26,  1907. 
vii 


viii  Charles  Evans  Hughes 

a  superior  education  and  had  an  unusual  apti 
tude  for  mathematics,  which  was  transmitted  to 
her  son.  During  his  early  years  the  boy  stud 
ied  at  home  under  his  parents,  and  at  the  age 
of  fourteen  he  entered  Madison — now  Colgate 
— University.  After  two  years  he  migrated  to 
Brown  University,  from  which  he  graduated  in 
1 88 1.  His  high  standing  was  attested  by  his 
election  to  the  Phi  Beta  Kappa  Society ;  he 
received  honors  in  the  classics  and  in  English 
literature;  and  scholar  as  he  was,  he  was  also 
known  among  the  students  as  a  good  fellow, 
who  not  only  enjoyed  social  intercourse  but 
participated  in  the  amusements,  pranks,  and 
innocent  follies  of  youth. 

Graduating  at  nineteen  years  of  age,  he 
taught  school  for  a  year  to  earn  the  means 
necessary  to  begin  the  systematic  study  of  law, 
which  meanwhile  he  read  out  of  school  hours 
in  the  office  of  a  friendly  lawyer.  Then  he 
entered  the  Columbia  Law  School,  from  which 
he  graduated  in  1884  with  the  highest  honors. 
For  the  next  three  years  he  was  clerk  in  a  law 
office  in  New  York  City,  while  in  the  evenings 
he  gave  some  instructions  to  law  students.  In 
1888  he  became  a  member  of  the  firm  of 
Carter,  Hughes,  &  Cravath,  from  which  he 
withdrew  in  1891,  to  accept  a  professorship  of 


Introductory  ix 

law  in  Cornell  University,  where  his  extraor 
dinary  abilities  and  attainments  as  a  scholar, 
teacher,  and  lawyer  were  immediately  recog 
nized.  At  the  earnest  solicitation  of  Mr.  Carter 
he  joined  him  again  in  1893,  in  the  practice  of 
law.  And  until  his  election  as  Governor  he 
was  continuously  engaged  in  the  active  practice 
of  his  profession. 

I  may  here  record  some  of  the  impressions 
made  by  Mr.  Hughes  on  those  who  knew  him 
at  Cornell  University  and  have  since  known 
him  as  a  lawyer  in  New  York  City.  In  his 
physical  build  he  was  about  six  feet  in  height, 
slender  rather  than  stout,  but  sturdy,  tough, 
and  wiry.  Then,  as  now  and  always,  he  was 
a  most  indefatigable  worker ;  in  this  respect 
indeed  he  excels  any  man  I  have  ever  known. 
His  mental  outfit  is  ftet-4ess  remarkable.  To 
understand  things  is  a  necessity  of  his  nature. 
Like  Lord  Bacon  he  must  have  the  "  dry 
light "  of  reason  on  whatever  he  deals  with — 
the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  unaffected  by  any  distorting  or  discolor 
ing  rays  of  passion,  prejudice,  or  emotion.  He 
possesses  a  powerful  intellect,  which  is  at  once 
acute  in  action  and  comprehensive  in  range. 
Analysis  is  the  mark  of  the  great  lawyer,  and 
Mr.  Hughes  has  this  faculty  in  its  highest 


x  Charles  Evans  Hughes 

potency.  Not  less  admirable  is  his  ability  to 
grasp  quickly  a  complicated  mass  of  facts  and 
arrange  them  in  logical  order.  I  have  seen 
him  work  himself  into  new  questions,  feel  his 
way  to  the  heart  of  them,  then  gradually 
marshal  the  facts  with  reference  to  some  fun 
damental  principle  or  some  significant  cir 
cumstance  until  the  whole  situation  became 
luminous  even  to  the  mind  of  a  layman ;  and 
all  this  time  the  speaker  talked  literally  "  like 
a  book,"  and  what  he  said  might  have  been 
printed  almost  without  change  in  a  treatise  on 
law  or  a  commentary  on  cases.  But  this  gift 
of  intellectual  divination  and  synthesis  marks 
the  creative  mind.  Mr.  Hughes  is  not  on4y 
analytic  aacL  critical  J&gt  creative  and  con 
structive.  His  friends,  his  associates  at  the 
bar,  and  the  judges  of  the  courts  have  long 
admired  this  remarkable  combination  of  gifts. 
And  the  general  public  have  become  aware  of 
them  also  since  Mr.  Hughes  followed  up  his 
wonderful  gas  and  insurance  investigations  with 
drafting  remedial  legislation,  and  especially 
since  as  Governor  he  framed  his  Public 
Utilities  Bill  as  a  solution  of  the  gravest 
question  of  public  policy  now  before  our 
people. 

Quite  as  remarkable  as  his  intellectual  gifts 


Introductory  xi 

is  his  sense  of  justice  and  fair  play.  This  was 
impressively  recognized  the  other  day  by  Mr. 
Ahearn  when,  at  the  close  of  his  examination, 
he  said  that,  whatever  the  finding  of  the  Gov 
ernor,  he  desired  to  thank  him  for  the  courtesy 
and  fairness  of  the  examination.  Similarly, 
Mr.  Hughes's  fearlessness  and  independence 
have  for  many  years  been  well  understood  by 
those  who  know  him.  And  his  firm  attitude 
toward  hostile  politicians  and  legislators  since 
he  became  Governor  has  given  open  proof  of 
these  characteristics  to  the  public.  Indeed, 
the  moral  attributes  of  the  man  are  quite  on  a 
par  with  his  intellect,  powerful  and  capacious 
as  that  is,  even  if  they  do  not  surpass  it.  For 
Mr.  Hughes  has  always  been  distinguished  by 
absolute  integrity  of  character  and  fidelity  to 
duty.  It  is  no  accident,  but  the  deepest  in 
stinct  and  conviction  of  his  nature,  that  has 
made  him  the  exponent  and  champion  of  the 
sacredness  of  fiduciary  obligations  alike  in  busi 
ness  and  in  politics.  His  own  personal  life  is 
built  on  that  foundation  and  his  own  profes 
sional  practice  as  a  lawyer  has  been  regu 
lated  by  that  principle.  It  meant  fidelity  to 
all  his  clients,  but  subserviency  to  none.  He 
never  accepted  general  retainers  involving 
his  commitment  to  any  and  every  kind  of 


xii  Charles  Evans  Hughes 

service.  Both  his  integrity  and  his  sense  of 
independence  forbade  truckling  to  any  client 
and  condoning  dubious  or  crooked  ways. 

I  have  said  that  Mr.  Hughes  is  a  marvellous 
worker  ;  he  also  becomes  absorbed  in  his  work 
so  that  for  the  time  being  nothing  outside  the 
range  of  his  duties  can  greatly  interest,  much 
less  excite  him.  It  is  nQt-j.mere.ly  power  of 
voluntary  concentration,  b«-t  involuntary  ab 
sorption  in  the  object  of  his  activity.  His 
work  literally  takes  possession  of  him  and  has 
at  command  the  best  that  is  in  him.  It  is  con 
sequently  impossible  for  him  to  do  anything 
he  undertakes  in  a  half-hearted  or  slipshod 
manner.  Whether  teaching  law,  defending  a 
client,  or  administering  the  affairs  of  the  State 
of  New  York,  he  gives  himself  to  the  duty  in 
hand  with  such  whole-souled  earnestness  and 
devotion  that  no  energy  or  interest  is  left  for 
outside  matters  which  do  not  concern  him. 
And  this  circumstance,  along  with  a  large 
natural  endowment  of  common  sense  and  ex 
cellent  practical  judgment  will  explain  why  his 
course  as  a  public  servant  has  been  so  sure 
footed  and  unerring.  Few  men  have  entered 
on  public  office  surrounded  by  so  many  dan 
gerous  pitfalls;  I  recall  no  man  who  has  made 
fewer  mistakes.  In  view  of  it  all  one  might 


Introductory  xiii 

say  that  he  is  not  only  safe  and  sane,  but 
almost  infallibly  sagacious. 

He  has  clearly  defined  to  himself  the  scope 
and  functions  of  his  office  as  determined  by 
the  Constitution  and  the  laws.  So  much  the 
intellect  of  the  man  imperiously  demanded. 
Then,  having  made  clear  to  himself  what  ought 
to  be  done,  he  has  dedicated  all  his  powers  to 
the  service  of  the  State ;  at  the  same  time  he 
has  rigidly  and  inexorably  drawn  the  lines 
which  separate  the  office  of  Governor  from 
the  functions  of  the  Legislature  on  the  one 
hand  and  of  the  Judiciary  on  the  other.  And 
being  Governor,  he  has  felt  it  incompatible 
with  the  dignity  of  the  office  or  the  duty  he 
owes  to  all  the  people  of  the  State  to  give  any 
attention  whatever  to  party  politics  or  to  party 
organization  and  management.  While  he  was 
nominated  by  a  party,  he  holds  himself  since 
his  election  the  servant  of  the  people  and  of 
the  people  alone. 

Mr.  Hughes  is  under  no  illusions  concern 
ing  his  nomination  and  election  to  the  Gover 
norship.  He  knows  that  the  party  leaders  in 
general  were  opposed  to  him.  They  accepted 
him  only  because  it  was  finally  recognized 
that  no  other  Republican  nominee  could  win 
victory  at  the  polls.  My  own  personal  belief 


xiv  Charles  Evans  Hughes 

is  that  no  one  contributed  more  effectively  to 
the  enforcement  of  that  view  than  President 
Roosevelt.  As  a  most  sagacious  party  leader, 
the  President  recognized  in  the  hero  of  the 
gas  and  insurance  investigations  a  name  to 
wrest  victory  in  a  critical  contest  in  his  own 
State.  I  believe  that  in  the  interest  of  the 
party  he  urged  the  nomination,  and  that  this 
pressure  was  the  deciding  influence  in  the  con 
vention.  But  all  the  while  Mr.  Hughes  stood 
aloof  as  though  the  matter  were  no  concern  of 

o 

his.  And  indeed  he  regarded  it  as  no  concern 
of  his.  He  would  not  say  he  desired  the 
office  ;  he  would  not  authorize  any  one  present 
to  present  his  claims  or  herald  his  availability. 
It  was  a  matter  solely  for  the  people  of  the 
State  to  decide. 

In  the  Latin  language  ambition  meant  a 
candidate's  going  about  to  solicit  office.  Of 
such  a  quality  Mr.  Hughes  is  absolutely  devoid. 
It  is  one  thing  to  fill  an  office  and  another  thing 
to  get  an  office.  To  get  an  office  has  never 
been  Mr.  Hughes's  aim  or  desire.  His  oppor 
tunities  of  public  service  have  come  to  him 
unsought.  It  is  not  that  he  regards  himself 
as  superior  to  other  men  or  that  he  does  not 
value  the  good  opinion  of  his  fellow  citizens. 
He  does  appreciate  the  confidence  and  es- 


Introductory  xv 

teem  of  his  fellows.  But  if  they  want  him 
for  public  service  he  feels  that  the  call  should 
come  from  them  ;  and  if  they  do  not  want 
him  he  does  not  desire  the  office  ;  so  that  in 
any  event  there  is  absolutely  nothing  for  him 
to  do.  And  he  is  so  far  from  cherishing  any 
illusions  as  to  his  comparative  standing  with 
other  men  that  he  recognizes  very  clearly  that 
his  nomination  to  public  office  was  due  to  a 
combination  of  circumstances  which  made  him, 
in  the  estimation  of  his  party,  the  most  avail 
able  man.  He  is  the  last  man  in  the  world  to 
think  himself  a  Moses,  he  knows  he  is  not 
essential  to  the  State,  he  does  not  pretend  to 
be  a  leader  with  a  mission,  he  claims  only  to 
be  an  every-day  American  citizen,  who  was 
selected  for  the  Governorship  (out  of  a  number 
of  others  any  one  of  whom  might  have  been 
chosen)  because  of  his  prominence  in  the 
insurance  investigation,  which  he  had  under 
taken,  not  on  his  own  initiative,  but  at  the 
request  of  a  legislative  committee.  As  he 
would  have  nothing  to  do  with  getting  the 
nomination,  as  the  coming  of  the  nomination 
to  him  was  no  concern  of  his,  so  there  remained 
open  to  him  only  one  way  of  showing  his 
appreciation  of  the  confidence  which  had  been 
vouchsafed  to  him  by  the  people  of  the  State, 


xvi  Charles  Evans  Hughes 

namely,  by  discharging  the  high  duties  to 
which  they  had  called  him  with  all  the  ability, 
wisdom,  and  virtue  he  could  command.  To 
thank  any  person  or  persons  for  the  nomina 
tion  would  have  been  tantamount  to  the  con 
fession  that  these  persons  had  done  him  a 
favor.  But  from  Mr.  Hughes's  way  of  look 
ing  at  a  nomination  as  a  call  of  the  people 
to  serve  them,  with  which  he  had  no  concern,  it 
will  be  obvious  that  such  a  procedure  would 
have  been  a  stultifying  of  himself.  On  the 
other  hand,  inclination,  duty,  pride,  and  self- 
respect  all  conspire  to  move  him  to  make  a 
record  as  Chief  Executive  which  shall  amply 
justify  the  wisdom  of  the  convention  and  the 
confidence  of  the  people. 

"  A  disposition  to  preserve,  and  an  ability 
to  improve,  taken  together,  would  be  my 
standard  of  a  statesman,"  says  Burke. 
Whether  Mr.  Hughes  is  in  the  habit  of  read 
ing  Burke  I  do  not  know.  But  his  record 
since  he  became  Governor  admirably  illustrates 
Burke's  conception  of  a  statesman.  Recog 
nizing  that  government  is  a  marvellous  con 
trivance  of  human  wisdom  to  provide  for 
human  wants,  that  it  embodies  the  collective 
judgment,  intellectual,  moral,  and  practical,  of 
many  generations,  including  individuals  wiser 


Introductory  xvii 

and  juster  than  any  now  alive,  and  that  the 
government  of  the  United  States,  in  partic 
ular,  is  the  best  and  noblest  system  which  the 
political  genius  of  mankind  has  yet  pro 
duced,  a  statesman  of  the  type  described  by 
Burke  would  look  with  suspicion  on  all  sorts 
of  projectors  of  innovation  that  threatened 
the  Constitution  and  the  well-established  in 
stitutions  of  the  country.  But  he  would  aieo 
recognize,  (vi ill  Burke  that  "a  state  without 
the  means  of  some  change  is  without  the 
means  of  its  conservation."  The  principle  of 
correction  is  as  essential  as  the  principle  of 
conservation.  But  changes  are  not  to  be 
made  at  random,  still  less  for  the  satisfaction 
of  some  abstract  theory  or  dogma.  Every 
change  is  to  be  made  for  the  remedy  of  some 
definite  evil,  and  it  should  be  confined  to  the 
peccant  part  only  and  not  extended  to  unof 
fending  members  of  healthy  functions.  And 
as  it  is  circumstances  which  render  every  civil 
and  political  scheme  beneficial  or  noxious  to 
mankind,  every  proposal  of  reform  should  be 
considered  on  its  own  merits  and  especially 
with  reference  to  its  suitability  and  potency  to 
remedy  some  particular  evil  in  the  existing 
system. 

Now  look  at  Governor  Hughes's  utterances 


xviii          Charles  Evans  Hughes 

and  official  acts.  "  Human  Society,"  he  de 
clared  at  Chautauqua  in  August  last,  "  cannot 
be  stable  unless  it  is  progressive."  The  repub 
lic,  like  every  other  living  and  growing  organ 
ism,  must  by  successive  changes  adapt  itself  to 
its  environment.  But  these  affect,  as  it  were, 
the  outer  parts  of  its  organization.  In  itself 
considered,  the  republic,  the  Governor  went 
on  to  say,  "  may  be  likened  to  a  man  of  excel 
lent  constitution  and  native  vigor  who  finds 
there  is  no  evidence  of  decay  in  his  vital  func 
tions,  and  that  there  is  every  indication  of 
fundamental  soundness  and  of  steady  improve 
ment."  The  analogy  will  be  complete  if  we 
suppose  this  fundamentally  sound  man  "  de 
termined  by  a  proper  system  of  hygiene  and 
suitable  rules  of  conduct  to  correct  some  dis 
orders  in  his  system  and  come  as  closely  as 
possible  to  perfect  health."  And  the  first 
hygienic  rule  laid  down  by  the  Governor  is 
"to  avoid  undue  excitement  of  the  nervous 
system."  A  most  characteristic  precept ! 

Happily  we  are  not  concerned  with  organic 
evils  in  the  body  politic.  There  are,  indeed, 
functional  disorders  to  be  corrected.  To 
diagnose  them  and  to  prescribe  remedies  is 
the  business  of  reason  and  judgment.  The 
first  step  is  a  knowledge  of  the  facts.  But  this 


Introductory  xix 

is  not  to  be  found  in  "  scrappy  sensationalism 
or  distorted  emphasis,"  still  less  in  shrieking 
hysteria.  It  is  a  work  of  quiet,  careful,  and 
painstaking  analysis  and  reflection.  And  till 
the  truth  regarding  both  the  existing  evil  and 
the  proposed  remedy  is  accurately  and  ex 
haustively  known,  no  healthful  or  sensible 
action  can  be  taken.  Consequently,  the  reign 
of  reason  in  government  implies  patience. 
And  the  need  of  patience  "is  the  hardest 
lesson  for  a  democracy  to  learn."  Yet  Gov 
ernor  Hughes  has  no  vague  fears  about  the 
outcome.  He  has  a  profound  belief  in  the 
ability  of  the  American  people  "  to  cure  exist 
ing  evils  without  disturbing  their  prosperity." 
This  is  because  the  vital  parts  of  our  political 
organization  are  not  impaired  and  retain  effi 
ciency  to  regenerate  any  defects.  Thus  con 
servation  and  correction  go  hand  in  hand. 
And  the  way  of  salutary  correction  of  reform  is 
always  by  patience,  by  deliberation,  by  wisdom, 
by  truth,  by  justice  and  fair  play,  as  Governor 
Hughes  never  wearies  of  proclaiming. 

But  we  may  submit  the  Governor's  theories 
to  the  test  of  actual  practice.  How  has  he  in 
his  official  acts  managed  to  combine  reform — 
not  merely  specious,  but  thoroughgoing  and 
effective — of  notorious  abuses  with  a  tender 


xx  Charles  Evans  Hughes 

and  reverent  conservation  of  the  Constitution 
and  the  existing  institutions  and  machinery  of 
government  ? 

A  test  case  is  found  in  the  Governor's  policy 
of  regulating  the  Public  Service  Corporations. 
It  was  for  the  State  the  problem  which  Presi 
dent  Roosevelt  had  stamped  upon  the  con 
sciousness  of  the  nation,  and  solved  in  a  way 
that  will  give  him  a  permanent  place  in  Ameri 
can  history. 

"  By  his  vigorous  administration,"  said  Governor 
Hughes  in  his  speech  before  the  Republican  Club  of 
New  York  City,  "  his  virility,  his  broad  humanity,  and 
his  determined  opposition  to  notorious  abuses,  our  fellow 
citizen,  the  distinguished  President  of  the  republic,  has 
won  the  hearts  of  the  people.  We  have  not  only  his 
example,  but  we  know  that  he  is  and  has  been  in  cordial 
sympathy  with  every  effort  for  efficient  administration 
for  the  correction  of  evil  and  for  the  improvement  of 
our  laws." 

But  not  only  the  interests  concerned,  the 
legislators  of  both  parties  were  at  first  opposed 
to  the  Governor's  measure  of  reform.  The 
Governor,  on  the  other  hand,  was  deeply  per 
suaded  that  it  was  the  duty  of  statesmanship 
"to  remove  the  causes  of  unrest  which  lie  in 
abuses  of  public  privilege."  A  fundamental 
purpose  of  his  measure  of  reform  was  to  vindi 
cate  the  adequacy  of  our  institutions  to  put  an 


Introductory  xxi 

end  to  abuses  without  tumult  or  disorder,  with 
out  injustice  or  demagoguery."  The  measure 
itself  provided,  to  the  fullest  extent  consistent 
with  constitutional  requirements,  methods  of 
investigation  and  redress  through  which  the 
public  obligations  of  reasonable,  impartial,  and 
adequate  service  could  be  enforced  and  public 
safety  and  convenience  be  conserved.  In  a 
speech  delivered  at  Utica  on  April  i  the  Gov 
ernor  explained  his  measure  to  the  public,  and 
four  days  later  he  defended  it  against  criticism 
in  a  speech  at  Glens  Falls.  The  proposed  bill 
for  the  regulation  of  the  public  service  corpo 
rations  was,  I  might  perhaps  not  incorrectly 
say,  based  on  the  recognized  principle  that  the 
tenure  of  their  property  was  the  performance  of 
some  duty.  The  Governor  calmly,  dispassion 
ately,  but  with  logical  impressiveness,  pointed 
out  "  that  the  people,  without  animosity  to 
ward  the  rights  of  property,  but  with  a  just 
insistence  upon  the  performance  of  public 
obligations,  demand  that  the  State  shall  exer 
cise  its  power  over  its  creatures  and  compel 
due  regard  for  the  duties  which  are  correlative 
to  the  privileges  it  has  granted."  Every  power 
which  a  corporation  has  is  derived  from  the 
Legislature,  which  creates  it.  A  Public  Service 
Commission  is  an  administrative  board,  which 


xxii  Charles  Evans  Hughes 

represents  the  Legislature  in  the  supervision 
and  control  of  these  creatures  of  the  laws,  its 
function  being  to  secure  for  the  public  safety 
impartiality,  adequacy  of  service,  and  reason 
able  charges.  Nor  is  the  existence  and  exer 
cise  of  this  power  inconsistent  with  property 
rights.  For  "  the  property  of  a  public  service 
corporation  has  been  acquired  subject  to  this 
power."  And  as  no  person  can,  under  the 
Constitution,  be  deprived  of  his  property  with 
out  due  process  of  law,  the  courts  will  protect 
the  corporations  against  regulation  which  has 
the  effect  of  confiscation.  The  Governor  ob 
jected  to  giving  the  courts  power  to  review  all 
orders  of  the  Commission,  first,  because  this 
would  overwhelm  the  courts  with  business  of  a 
purely  administrative  character,  and  secondly, 
because  it  would  in  effect  make  the  legislative 
Commissions  purely  advisory  bodies  and  the 
courts  themselves  the  final  ruling  administra 
tive  authority.  There  were  other  explanations 
equally  broad  and  convincing,  but  I  have 
space  to  quote  only  one  paragraph  from  the 
speeches,  which  is,  however,  an  example  of 
the  Governor's  manner  of  statement,  argu 
ment,  and  logical  appeal : 

"  Those  who  desire  to  insure  the  stability  of  honorable 
business  enterprise  ;  those  who  desire  to  maintain  an  or- 


Introductory  xxiii 

derly  society,  secure  against  the  success  of  insincere  and 
inflammatory  appeal ;  those  who  desire  to  maintain  our 
institutions,  with  their  guaranties  of  equality  before  the 
law  and  with  their  blessings  of  opportunity,  realize  that 
the  time  has  come  when  the  State  must  assert  its  power 
firmly  and  justly  in  putting  an  end  to  existing  abuses, 
both  in  -the  administration  of  government  and  in  the 
management  of  those  concerns  which  derive  their  vitality 
from  public  franchises.  Those  who  oppose  this  just 
sentiment  chant  their  own  requiem." 

With  those  speeches  the  Governor  left  the 
fate  of  his  bill  to  the  people  and  their  repre 
sentatives  in  the  Legislature.  There  was  no 
longer  doubt  of  the  result.  And  to-day  the 
people  of  the  State  of  New  York  have  a  model 
law  providing  for  the  just  and  effective  regula 
tion  of  their  public  service  corporations. 

The  Governor's  bill  for  the  regulation  of 
our  public  service  corporations  is,  so  far  as  I 
know,  the  most  thoroughgoing  and  radical 
measure  of  the  kind  that  has  ever  been  enacted 
by  any  Legislature  in  America.  Its  justifica 
tion  is  that  it  rests  on  sound  principles  of  law, 
on  justice  and  expediency.  It  is  a  real  remedy 
for  real  evils,  and  in  its  operation  it  cannot  but 
promote  public  tranquillity  and  enhance  respect 
for  law,  order,  and  just  government.  I  have 
already  spoken  of  its  affiliation  to  President 
Roosevelt's  measures  for  the  regulation  of 


xxiv          Charles  Evans  Hughes 

interstate  railways.  It  is  interesting  to  ob 
serve  that  Governor  Hughes's  bill  gives  the 
State  Commissions  power  to  control  the  issue 
of  stocks  and  bonds  by  public  service  corpora 
tions,  power  which,  as  the  Governor  explains,  is 
necessary  not  merely  to  protect  the  investor, 
but  to  prevent  the  crippling  of  the  public  ser 
vice  or  the  demand  for  extortionate  charges.  It 
is  a  similar  power  which  President  Roose 
velt  desires  to  confer  upon  the  Interstate 
Commerce  Commission.  In  the  fundamental 
policies  of  their  administrations  —  the  public 
regulation  of  railways  —  President  Roosevelt 
and  Governor  Hughes  are  of  identically  the 
same  mind. 

But  while  Governor  Hughes  can  be  a 
thoroughgoing  radical  in  correcting  serious 
evils  in  the  administration  of  government, 
nothing  could  be  more  foreign  to  his  nature 
than  the  arts  of  the  demagogue  or  the  acts  of 
passion,  folly,  and  injustice  in  which  those  arts 
are  so  constantly  exhibited.  Governor  Hughes 
is  a  man  who  would  follow  his  own  sense  of 
truth  and  justice  even  at  the  peril  of  popular 
displeasure.  The  guardian  of  the  interests  of 
the  people,  he  has  courage  and  magnanimity 
enough  to  protect  those  interests  by  measures 
which,  through  the  influence  of  misrepresenta- 


Introductory  xxv 

tion  or  the  first  impulse  of  uninformed  judg 
ment,  the  people  themselves  might  hesitate  to 
endorse  or  actually  condemn.  But,  as  Alex 
ander  Hamilton  said  in  defining  in  The  Feder 
alist  the  qualifications  which  are  necessary  in 
a  national  chief  executive  : 

"  The  republican  principle  demands  that  the  deliberate 
sense  of  the  community  should  govern  the  conduct  of 
those  to  whom  they  intrust  the  management  of  their 
affairs;  but  it  does  not  require  an  unqualified  com 
plaisance  to  every  sudden  breeze  of  passion,  or  to  every 
transient  impulse  which  the  people  may  receive  from  the 
arts  of  men  who  flatter  their  prejudices  to  betray  their 
interests." 

Governor  Hughes's  courage  was  strikingly 
evinced  in  his  veto  of  the  two-cent  railroad 
fare  bill.  Other  States  had  passed  such  meas 
ures.  In  this  State  there  was  dissatisfaction 
with  existing  conditions.  A  wave  of  resent 
ment  against  the  railways  was  sweeping  over 
the  country.  The  two-cent  passenger  act  had 
come  to  be  regarded  as  a  test  of  loyalty  to 
the  cause  of  the  people,  and  no  Governor  any 
where,  whatever  his  views,  had  been  strong 
enough  to  resist  the  overwhelming  pressure. 
Under  these  circumstances  Governor  Hughes 
sat  down  and  wrote  an  able  and  dispassion 
ate  message  in  which,  on  grounds  of  justice, 


xx vi          Charles  Evans  Hughes 

public  policy,  and  practical  expediency,  he 
vetoed  the  bill.  Here  are  some  of  the  grounds 
on  which  he  based  his  action  : 

True  to  his  character,  the  Governor  first 
made  the  point  that  facts  had  not  been  ascer 
tained  before  the  passage  of  the  bill.  There 
had  been  no  official  investigations,  no  reports, 
no  collecting  of  statistics.  The  Legislature 
had  acted  without  information  and  without 
suitable  deliberation.  It  is  of  the  utmost  im 
portance  indeed  that  "  the  management  of  our 
railroad  corporations  should  be  subject  to 
strict  supervision  by  the  State,  and  that  regu 
lations  compelling  the  observance  of  the  law 
and  proper  and  adequate  service  should  be 
rigidly  enforced."  Nevertheless,  the  Governor 
was  convinced  that  the  bill  under  considera 
tion  represented  "  a  policy  seriously  mistaken 
and  pregnant  with  disaster."  The  railroads 
have  indeed  been  guilty  of  treating  the  public 
unfairly, 

"  but  injustice  on  the  part  of  the  railroad  corporations 
toward  the  public  does  not  justify  injustice  on  the  part  of 
the  State  toward  the  railroad  corporations.  The  action 
of  government  should  be  fair  and  impartial,  and  upon 
this  every  citizen,  whatever  his  interest,  is  entitled  to 
insist.  We  shall  make  matters  not  better,  but  worse, 
if  to  cure  one  wrong  we  establish  another.  ...  In 


Introductory  xxvii 

dealing  with  these  questions  democracy  must  demonstrate 
its  capacity  to  act  upon  deliberation  and  to  deal  justly." 

The  Governor  recognized  that  a  maximum 
two-cent  passenger  rate  might  not  be  unrea 
sonably  low.  It  might  be  high  enough  in 
many  cases — possibly  in  all.  The  fact  was, 
however,  that  no  one  knew,  and  that  the  Legis 
lature,  before  acting,  had  not  secured  the 
necessary  information.  And  to  enact  legisla 
tion  involving  property  rights  in  ignorance 
both  of  the  conditions  of  the  business  con 
cerned  and  of  the  effect  upon  it  of  the  policy 
proposed  was  something  that  the  just,  deliber 
ate,  and  law-abiding  mind  of  the  Governor 
could  not  by  any  possibility  have  approved. 

"I  deem  it  most  important,"  the  Governor  went  on  to 
say,  "  that  the  policy  of  dealing  with  matters  of  this  sort 
arbitrarily,  by  legislative  rule  of  general  application, 
without  reference  to  the  demands  of  justice  in  particular 
cases,  should  be  condemned.  Every  workingman,  every 
tradesman,  and  every  citizen  believing  himself  to  have 
aught  at  stake  in  the  prosperity  of  the  country,  should 
determinedly  oppose  it.  For  it  not  only  threatens  the 
stability  of  business  enterprise,  which  makes  our  pros 
perity  possible,  but  it  substitutes  unreason  for  sound 
judgment,  the  ill-considered  demands  of  resentment  for 
the  spirit  of  fair  play,  and  makes  impossible  patient  and 
honorable  effort  to  correct  abuses." 

The   constructive   mind    of    the    Governor 


xxviii       Charles  Evans  Hughes 

could  not,  however,  rest  satisfied  with  the 
mere  negative  result  which  his  veto  would 
produce.  The  evils  it  was  proposed  to  remedy 
by  this  hasty  and  ill-digested  legislation  could, 
he  pointed  out,  be  remedied  in  "a  better  way." 
The  Legislature  had  provided  agencies  for  the 
redress  of  these  evils  in  the  Public  Service 
Commissions  it  had  just  created.  These  Com 
missions  had  under  law  the  power,  and  it 
would  become  their  duty,  to  investigate  the 
subject  of  passenger  rates  charged  by  railways 
in  the  State  of  New  York.  What  the  Legisla 
ture  had  attempted  with  haste,  without  in 
formation,  and  possibly  with  injustice,  they 
could  undertake  with  deliberation,  with  full 
knowledge,  and  with  perfect  impartiality. 
When  their  inquiry  is  complete,  "  if  a  pas 
senger  rate  of  two  cents  a  mile  is  just  and 
reasonable,  it  can  be  fixed  ;  if  it  is  not  just  and 
reasonable,  it  should  not  be  fixed."  True,  the 
work  of  the  Commissions  would  require  time 
and  investigation,  but  democracy  must  learn 
the  lessons  of  patience  and  deliberate  inquiry 
before  action.  A  right  result  is  of  infinitely 
more  importance  than  a  sham  remedy.  For 
the  rest,  it  is  most  dangerous  to  encourage 
'•impatience  with  the  orderly  processes  of 
inquiry." 


Introductory  xxix 

A  courageous  and  honest  public  servant 
always  meets  with  his  reward.  On  second 
thought  people  approve  of  what  he  has  done. 
This  is  notably  the  case  when  the  man  is  sen 
sible,  open-minded,  judicial,  and  statesmanlike, 
as  Mr.  Hughes  has  proved  himself  since  he 
became  Governor.  And  so  even  the  advo 
cates  of  the  two-cent  passenger  bill  not  only 
recognized  the  force  and  justice  of  the  Gover 
nor's  arguments  against  that  particular  meas 
ure,  but  suddenly  perceived  also  that  the  very 
thing  they  were  contending  for  as  a  just  and 
reasonable  reform  must,  if  it  were  actually 
found  on  investigation  to  be  just  and  reason 
able,  come  to  them  through  the  action  of  the 
State  Commissions  which  Governor  Hughes 
himself  had  induced  the  Legislature  to  estab 
lish  for  the  handling  of  those  very  problems. 
The  difference  in  procedure  is  an  argument  in 
favor  of  the  Governor's  method.  For,  unlike  a 
Legislature,  a  State  Commission  can  regulate 
a  public  service  corporation  intelligently,  delib 
erately,  and  with  scrupulous  justice.  And  this 
is  what  the  American  people  want.  "  They 
are,"  says  Governor  Hughes,  "  a  thoughtful 
and  canny  people,  truth-loving,  and  desirous 
of  getting  at  the  heart  of  things ;  appeals  to 
reason  are  more  cogent  than  many  think." 


xxx  Charles  Evans  Hughes 

That  eminent  lawyer,  jurist,  and  leader  of 
the  American  bar,  the  late  James  C.  Carter, 
has  left  behind  him  a  work  on  the  Origin, 
Growth,  and  Function  of  Law  (which  has 
just  been  published),  in  which  he  deprecates 
the  exaggerated  estimate  entertained  by  most 
people  of  the  possibilities  for  good  which  may 
be  realized  through  the  enactment  of  law. 
Such  a  wealth  of  legislation  testifies,  indeed, 
to  the  "  benevolent  vanity  "  of  our  rulers,  but 
also  to  their  impotence.  There  is,  however, 
another  and  more  serious  aspect  of  the  case. 
" Among  the  evils  which  oppress  society"  says 
Mr.  Carter,  "  there  are  few  greater  than  that 
caused  by  legislative  expedients  undertaken  in 
ignorance  of  what  the  true  nature  and  function 
of  law  are."  The  analytic  habit  of  Mr. 
Hughes's  mind,  his  mastery  of  the  science  of 
law,  and  his  large  experience  as  a  practical 
lawyer  would  seem  to  have  predisposed  him 
to  the  same  view.  At  any  rate,  it  is  a  fact  that 
as  Governor  the  number  of  measures  of  new 
legislation  which  he  has  advocated  is  very 
small,  though  it  goes  without  saying  that  every 
one  of  them  was  well  considered  and  carefully 
drafted.  This  moderation  in  the  use  of  legis 
lation  is  a  characteristic  of  all  wise  constructive 
reformers. 


Introductory  xxxi 

In  the  universal  demand  for  new  legislation 
which  Mr.  Carter  deprecates  it  is  constantly 
overlooked  that  the  Chief  Executive,  whether 
State  or  National,  has,  under  the  Constitution, 
nothing  to  do  with  legislation  except  to  recom 
mend  measures  to  the  Legislature  and  approve 
or  veto  the  bills  which  the  Legislature,  in  the 
plenitude  of  its  wisdom  and  discretion,  may 
enact.  As  Hamilton  put  it  in  The  Federalist: 

"The  essence  of  the  legislative  authority  is  to  enact 
laws — or,  in  other  words,  to  prescribe  rules — for  the 
regulation  of  the  society;  while  the  execution  of  the 
laws  and  the  employment  of  the  common  strength,  either 
for  this  purpose  or  for  the  common  defence,  seem  to 
comprise  all  the  functions  of  the  executive  magistrate." 

That  the  execution  of  the  laws  is  the  princi 
pal  business  of  the  Governor  of  the  State  has 
been  clearly  apprehended  by  Mr.  Hughes. 
He  not  only  understands  it,  he  has  proclaimed 
it,  and  what  is  more  important,  he  acts  upon 
it.  Nay,  he  goes  further.  He  claims  that  a 
perfect  administration  of  every  office  would 
dispel  almost  all  the  problems  which  now  per 
plex  us.  The  irrepressible  and  multitudinous 
activities  of  our  Legislatures  are,  in  the  main, 
but  devices  to  atone  for  defects  in  administra 
tion.  Here  is  the  Governor's  own  language, 
taken  from  his  address  at  the  opening  of  the 


xxxii        Charles  Evans  Hughes 

Civic  Forum,   in   Carnegie    Hall,    New  York 
City,  on  the  2Oth  of  November : 

"  Matthew  Arnold  tells  us  that  conduct  is  three- 
fourths  of  life.  Certainly  the  administration  of  office  is 
at  least  three-fourths  of  political  life.  And  if  we  could 
secure  the  administration  of  every  office  in  accordance 
with  its  obligations  and  in  adequate  fulfilment  of  the 
fair  intent  of  the  Constitution  and  statutes  creating  it, 
we  should  find  almost  all  our  problems  solved.  That 
which  is  right  in  our  system  of  government  would  ap 
pear  revealed  in  the  beauty  of  perfect  adaptation,  leav 
ing  no  excuse  for  the  use  of  legislative  drugs  to  cure 
defects  caused  by  lack  of  administrative  exercise;  and, 
on  the  other  hand,  such  imperfections  as  existed  would 
stand  out  in  such  bold  relief  as  to  leave  little  room 
for  doubt  as  to  the  necessary  remedy." 

The  crowning  aim,  the  supreme  effort,  of 
Governor  Hughes  is  to  be  a  good  admin 
istrator  of  his  office  and  executor  of  the  laws 
of  the  State.  The  Governor  is  the  chief  serv 
ant  of  the  people ;  he  is  not  the  delegate  of  a 
feudal  suzerain  who  permits  him  to  promote 
personal  or  directs  him  to  promote  party  ends  ; 
he  is  his  own  master,  dedicated  to  a  service 
which  is  perfect  freedom,  because  it  satisfies 
his  own  conscience,  fulfils  the  law,  and  ad 
vances  the  welfare  of  the  people.  Disinter 
ested,  devoted,  and  strenuous  service  has  been 
rendered  by  Governor  Hughes.  Like  another 


Introductory  xxxiii 

Governor — I  mean  Mr.  Roosevelt — he  has 
faced  the  bosses  and  beaten  them ;  like  Mr. 
Roosevelt,  he  has  made  fitness  and  merit  the 
qualifications  for  office ;  and,  like  Mr.  Roose 
velt,  he  has  been  a  terror  to  evil-doers  in 
office. 

The  greater  part  of  administration  is  local. 
But  the  Constitution  provides  for  removal  by 
the  Governor,  upon  charges  and  after  a  hear 
ing,  of  specified  local  officers  elected  by  the 
people.  Few  of  us  have  any  adequate  con 
ception  of  the  amount  of  work  even  one  of 
these  cases  makes  for  a  conscientious  and 
painstaking  Governor.  In  the  case  of  Mr. 
Ahearn,  Governor  Hughes  spent  weeks  in  go 
ing  over  testimony,  listening  to  cross-examina 
tion  of  witnesses,  studying  briefs,  and  weighing 
evidence — working  from  early  in  the  morning 
till  late  at  night — though  he  might  have  turned 
the  whole  matter  over  to  a  commissioner,  as 
would  have  been  necessary  had  not  the  Gov 
ernor  also  been  an  excellent  lawyer.  Why 
did  the  Governor  undertake  these  herculean 
labors?  The  answer  is  obvious  :  In  the  inter 
est  of  good  administration  in  every  office  in 
the  State.  Mr.  Hughes  is  the  trustee  of  the 
people  of  the  State  of  New  York  for  the  main 
tenance  of  good  administration  in  his  own 


xxxiv        Charles  Evans  Hughes 

office  and  under  certain  circumstances  in 
other  offices  in  which  the  Constitution  gives 
him  jurisdiction.  And  as  he  said  before  the 
Civic  Forum,  "  The  lesson  of  to-day,  both  in 
business  and  in  politics,  is  the  lesson  of  fidelity 
to  trust."  As  his  insurance  investigations 
were  a  moral  tonic  to  the  business  world,  so 
these  investigations  into  the  administration  of 
public  office  cannot  fail  to  elevate  the  stand 
ards  and  quicken  the  sense  of  responsibility 
of  all  office-holders  in  the  State.  It  is  for 
tunate  that  the  Governor,  with  his  usual  can 
dor  and  justice,  is  able  to  compliment  the 
service  with  the  declaration  that  it  would  be 
difficult  to  point  to  a  time  "  when  a  larger 
proportion  of  public  officers  were  striving  hon 
estly  to  do  their  duty."  This  is  the  reward  of 
the  people  for  putting  in  the  highest  office  in 
the  State  a  man  who  preaches,  practises,  and 
demands  honest,  disinterested,  efficient,  and 
energetic  service  for  the  benefit  of  the  people 
of  the  State. 

The  Governor  summed  up  his  own  position 
in  a  couple  of  pregnant  sentences  in  his  ad 
dress  before  the  Republican  Club  in  New 
York  City  on  the  i8th  of  October : 

"  With  reference  to  matters  of  administration,  it  has 
been  sought  to  conduct  the  public  affairs  solely  in  the 


Introductory  xxxv 

interest  of  the  people,  and  not  in  behalf  of  any  special 
interest  or  for  selfish  purposes,  and  not  for  partisan  ad 
vantage  save  as  fidelity  and  efficiency  may  have  their 
due  reward  in  public  confidence.  ...  If  there  is  one 
thing  more  than  another  for  which  I  desire  the  present 
administration  to  stand,  it  is  for  disinterestedness  in 
public  service." 

It  was  in  this  same  speech  that  the  Gov 
ernor  indulged  in  a  personal  vein  of  talk  on 
other  matters.  "  I  do  not  seek  any  public 
office,"  he  said,  and  then  added  these  memora 
ble  words : 

"  To  me  public  office  means  a  burden  of  responsibility 
— a  burden  of  incessant  toil  at  times  almost  intolerable — 
which,  under  honorable  conditions  and  at  the  command 
of  the  people,  it  may  be  a  duty  and  even  a  pleasure  to 
assume,  but  it  is  far  from  being  an  object  of  ambition. 
I  have  not  sought  nor  shall  I  seek,  directly  or  indirectly, 
to  influence  the  selection  or  the  vote  of  any  delegate  to 
any  convention." 

Here  are  one  or  two  more  intimate  con 
fessions  : 

"  I  want  simply  to  be  Governor  during  my  term. 

"  I  have  asked  no  man  for  favors,  but,  on  the  contrary, 
I  have  constantly  insisted  that  the  work  of  the  govern 
ment  shall  be  carried  on,  not  with  reference  to  the  selfish 
advantage  of  any  one,  but  exclusively  in  the  interest  of 
the  people." 

Facing   an    audience    of    Republican    Club 


xxxvi         Charles  Evans  Hughes 

politicians  he  frankly  stated  and  squarely  an 
swered  the  charge  that  he  had  neglected  the 
party  politicians  in  appointments  to  office.  It 
had  been  hinted  in  a  half-serious  way  that  he 
regarded  political  activity  as  a  disqualification 
for  public  office.  Here  is  the  Governor's 
irrefragable  reply : 

"  I  esteem  those  who  in  an  honorable  manner  work  for 
the  party.  Political  activity,  by  virtue  of  the  experience 
and  knowledge  of  affairs  gained  in  it,  so  far  from  being 
a  disqualification,  may  be  a  most  important  qualification 
for  office.  But  I  want  that  political  activity  to  be  of 
such  a  character  as  to  leave  a  man  free  and  independent 
in  the  dignity  of  his  manhood  to  perform  the  duties  of 
office,  if  appointed,  unembarrassed  by  improper  influ 
ences  and  unaffected  by  accumulated  obligations." 

Again,  he  tells  these  politicians  that  he  does 
"  not  aim  to  be  a  party  boss."  Nay,  such  is 
his  conception  of  the  duties  of  the  governor 
ship  that  he  would  not  think  it  proper  to 
indulge  even  in  political  management.  And, 
to  crown  all,  he  declares  that  "  as  a  party 
man  he  will  serve  his  party  best  in  office 
by  adhering  strictly  to  his  duties  and  main 
taining  the  highest  standards  of  impartial 
administration." 

And  yet  this  efficient  servant  of  the  State 
and  trusted  popular  leader  never  forgets  to 


Introductory  xxxvii 

pay   his   tribute    to   the   party   to    which    he 
belongs  : 

"  The  Republican  party  has  been  a  party  of  ideals,  of 
masterful  leaders,  and  of  constructive  power.  We  are 
proud  that  we  are  members  of  it." 

It  has  been  said  that  Governor  Hughes,  if 
not  too  self-reliant,  is  too  chary  of  receiving 
advice.  But  it  must  be  remembered  that  when 
he  was  elected  Governor  on  the  Republican 
ticket  all  the  other  State  officials  elected  were 
Democrats.  Furthermore,  the  leaders  of  his 
own  party  were  in  the  main  either  indifferent 
or  hostile  to  him.  Thus  he  found  himself  in 
a  new,  difficult,  and  vastly  responsible  position 
without  natural  advisers,  and  he  was  compelled 
"  to  play  a  lone  hand."  The  manner  he  had 
to  assume  for  self-protection  gave  rise  to  the 
silly  report  that  he  was  cold  and  unsympa 
thetic.  His  friends  know  what  a  caricature 
this  is  of  a  naturally  friendly,  kind-hearted, 
and  affable  gentleman.  Even  the  critics  are 
now  discovering  their  mistake.  And  the  Gov 
ernor  is  gradually  discovering  whom  he  can 
trust.  Gradually,  too,  the  old  leaders  have 
come  to  him,  and  he  has  listened  patiently 
to  their  recommendations,  though  reserving  to 
his  own  judgment  and  conscience  the  right 


xxxviii       Charles  Evans  Hughes 

and  duty  of  final  decisions.  Of  course,  his  sit 
uation  is  different  from  that  of  a  President  of 
the  United  States,  who  has  a  Cabinet  to  advise 
him  on  all  matters,  and  Senators  to  make 
recommendations  on  appointments  that  have 
no  force  without  their  consent  and  approval. 
Nevertheless,  Governor  Hughes  has  made  ex 
cellent  appointments,  and  as  a  Governor  who 
has  been  at  once  a  public  servant  and  a  public 
leader  he  has  made  amazingly  few  mistakes. 
Indeed,  I  do  not  hesitate  to  affirm  that,  though 
our  State  has  had  illustrious  names  in  the 
list  of  its  Governors,  including  the  names 
of  Grover  Cleveland  and  Theodore  Roosevelt, 
it  has  never  had  a  greater  Governor  than 
Charles  Evans  Hughes. 

ITHACA,  N.  Y. 


Public  Office  and  Party 
Principles 


"  We  make  our  appeal  to  the  common-sense  of  the  Ameri 
can  people  which  has  never  failed  to  express  itself  decisively 
in  a  great  crisis.  We  are  pledged  to  just  reforms  in  the 
American  manner,  in  accordance  with  the  genius  of  our 
institutions,  and  with  love  of  truth  and  even-handed  jus 
tice." — From  Governor  Hughes's  speech  accepting  his 
nomination  for  Governor,  October  3,  1906. 


I. 


Reply  to  Committee  Appointed  to  Notify 
him  of  his  Nomination  for  Mayor 
of  New  York  City,  October  g,  1905. 

Mr.  Chairman  and  Gentlemen  of  the  Notifica 
tion  Committee: 

You  summon  me  to  what  you  believe  to  be 
a  public  duty,  and  I  shall  not  answer  that 
summons  by  referring  to  considerations  merely 
personal,  however  important  they  might  be  if 
the  question  were  one  of  personal  preference. 

You  and  the  many  others  who  have  urged 
me  to  accept  the  nomination  have  not  rested 
the  request  upon  the  basis  of  partisan  obliga 
tion,  but  upon  the  more  secure  foundation  of 
duty  to  the  community.  It  has  been  impressed 
upon  me  that  the  Republican  party  is  seeking 
to  raise  a  standard  to  which,  regardless  of 
party,  all  men  may  resort  who  desire  to  see 
our  city  free  from  the  pervasive  influence  of 
an  organization  whose  motive  is  gain  and  not 
service. 


4  Charles  Evans  Hughes 

I  am  not  insensible  to  this  appeal,  and  I 
fully  appreciate  the  responsibility  of  the  posi 
tion  in  which,  against  my  will,  I  have  been 
placed.  The  letters  which  I  have  received 
and  the  personal  appeals  which  have  been 
made  have  shown  very  clearly  that  there  is  a 
division  of  sentiment  as  to  the  course  I  shall 
pursue,  and  that  either  action  I  might 
take  would  be  viewed  with  extreme  dis 
favor  by  men  whose  judgment  I  respect 
and  of  whose  sincerity  there  can  be  no 
question. 

In  this  dilemma  I  have  simply  to  do  my 
duty  as  I  see  it.  In  my  judgment  I  have  no 
right  to  accept  the  nomination.  A  paramount 
public  duty  forbids  it.  It  is  not  necessary  to 
enlarge  upon  the  importance  of  the  insurance 
investigation.  That  is  undisputed.  It  is  deal 
ing  with  questions  vital  to  the  interests  of 
millions  of  our  fellow  citizens  throughout  the 
land.  It  presents  an  opportunity  for  public 
service  second  to  none,  and  involves  a  cor 
relative  responsibility.  I  have  devoted  myself 
unreservedly  to  this  work.  It  commands  all 
my  energies.  It  is  imperative  that  I  continue 
in  it.  You  have  frankly  recognized  that  it 
must  continue  unembarrassed  and  with  un 
impaired  efficiency.  But  it  is  entirely  clear 


Nomination  for  Mayor,  1905          5 

to  me  that  this  cannot  be  if  I  accept  the 
nomination. 

You  know  how  desirous  I  have  been  that 
the  investigation  should  not  be  colored  by  any 
suggestion  of  political  motive.  Whatever  con 
fidence  it  has  inspired  has  been  due  to  absolute 
independence  of  political  considerations.  It  is 
not  sufficient  to  say  that  an  acceptance  of  this 
nomination,  coming  to  me  unsought  and  despite 
an  unequivocal  statement  of  my  position,  would 
not  deflect  my  course  by  a  hairbreadth,  and 
that  I  should  remain,  and  that  you  intend  that 
I  should  remain,  entirely  untrammelled.  The 
non-political  character  of  the  investigation  and 
its  freedom  from  bias,  either  of  fear  or  favor, 
not  only  must  exist,  but  must  be  recognized. 
I  cannot  permit  them  by  any  action  of  mine  to 
become  matters  of  debate. 

There  are  abundant  opportunities  for  mis 
construction.  Doubtless  many  abuses  will  re 
main  undisclosed,  many  grievous  wrongs  to 
which  the  evidence  points  from  time  to  time 
may  be  found  unsusceptible  of  proof;  many 
promising  clues  will  be  taken  up  in  vain. 
Were  I  with  the  best  of  intentions  to  accept 
the  nomination,  it  is  my  conviction  that  the 
work  of  the  investigation  would  be  largely 
discredited  ;  its  motives  would  be  impugned 


6  Charles  Evans  Hughes 

and  its  integrity  assailed.  To  many  it  would 
appear  that  its  course  would  be  shaped  and 
its  lines  of  inquiry  would  be  chosen,  developed, 
or  abandoned  as  political  ambition  might 
prompt  or  political  exigency  demand. 

Such  a  situation  would  be  intolerable.  There 
is  only  one  course  open.  The  legislative 
inquiry  must  proceed  with  convincing  disin 
terestedness.  Its  great  opportunities  must  not 
be  imperilled  by  alienating  the  support  to 
which  it  is  entitled  or  by  giving  the  slight 
est  occasion  for  questioning  the  sincer 
ity  and  single-mindedness  with  which  it  is 
conducted. 

There  is,  however,  another  consideration 
which  is  to  me  conclusive.  The  work  of  the 
investigation  is  laborious  and  exacting.  It 
taxes  the  strength  of  the  counsel  of  the  com 
mittee  to  its  limit.  It  is  performed  under 
great  strain.  Whatever  success  is  gained  is 
the  result  of  unremitting  toil  and  undivided 
attention.  There  is  no  wizardry  in  it. 

It  is  idle  to  suppose  that,  if  I  accepted  your 
nomination,  I  could  do  my  part  of  the  work 
of  the  investigation  efficiently.  I  may  be 
pardoned  for  saying  that  I  am  a  better  judge 
of  what  that  work  requires  than  any  one 
apart  from  my  associates.  It  requires  every 


Nomination  for  Mayor,  1905          7 

moment  of  available  time.  It  requires  endeavor 
secure  from  interruption  and  a  mind  free  from 
distraction.  It  has  been  suggested  that  it 
would  not  be  necessary  for  me  to  make  an 
active  canvass,  that  I  should  not  be  obliged 
to  make  a  speech,  to  attend  a  meeting,  or  even 
write  a  letter.  In  effect,  you  ask  me  to  enter 
upon  a  campaign  in  which  important  questions 
should  be  discussed  and  brought  home  to  the 
conscience  of  the  people  with  my  mouth  closed 
and  my  hands  tied.  Apart  from  a  natural  dis 
inclination  to  place  myself  in  such  a  situation, 
I  believe  the  plan  to  be  wholly  impracticable. 
But,  assuming  it  to  be  carried  out  as  fully  as 
is  contemplated,  it  would  still  leave  a  large 
demand  upon  time  and  nervous  energy  which 
would  be  inexorable  and  would  introduce  an 
element  of  distraction  most  injurious  to  the 
investigation.  I  do  not  believe  that  the  man 
lives,  and  certainly  I  am  not  the  man,  who, 
while  a  candidate  for  the  mayoralty,  could 
perform  with  proper  efficiency  that  part  of  the 
work  which  has  been  devolved  upon  me  in  the 
pending  inquiry.  If  I  were  to  accept  the  nomi 
nation  for  the  high  office  of  Mayor  of  this 
city,  I  should  be  obliged  to  curtail  this  work, 
and  this  I  have  no  right  to  do. 

For  your  expression  of  confidence  I  thank 


8  Charles  Evans  Hughes 

you.  The  honor  you  would  confer  upon  me  I 
most  highly  esteem.  Your  generous  approval 
and  the  unanimity  and  enthusiasm  with  which 
the  nomination  was  made  I  warmly  appreciate. 
But  I  have  assumed  obligations  of  the  first 
importance  which  make  it  impossible  for  me 
to  meet  your  wishes.  I  must  therefore  re 
spectfully  decline  the  nomination. 


II. 

Speech  in  Response  to  Formal  Notifica 
tion  of  His  Nomination  as  the  Repub 
lican  Candidate  for  Governor,  at  the 
Republican  Club,  New  York  City, 
October  3,  1906, 

Mr.  Chairman  and  Gentlemen  of  the  Notifica 
tion  Committee: 

Highly  appreciating  the  honor  you  have 
conferred  and  realizing  keenly  the  respon 
sibility  to  be  assumed,  I  accept  the  nomina 
tion.  As  a  life-long  Republican,  as  one  loyal 
to  the  principles  and  best  traditions  of  the 
party,  I  respond  to  the  unanimous  call  of  the 
Convention.  I  especially  claim  to  represent 
true  Republicanism  when  I  promise  to  ad 
minister  the  affairs  of  the  State  in  the  interest 
of  all  its  citizens.  I  recognize  the  exigency 
which  has  made  us  the  trustees  of  the  con 
science  and  sober  sentiment  of  the  people  of 
the  State  and  has  charged  us  with  the  duty  of 
leadership  in  a  contest  for  decent  government. 

9 


io  Charles  Evans  Hughes 

To  this  contest,  humbly  conscious  of  my  own 
limitations  but  strong  in  the  strength  of  the 
cause,  I  commit  myself  heart  and  soul  without 
doubt  as  to  the  result. 

We  enter  upon  the  campaign  inspired  by 
the  example  and  fortified  by  the  achievements 
of  our  great  leader,  Theodore  Roosevelt.  The 
National  Administration,  with  its  record  of 
established  reforms,  has  strengthened  its  hold 
upon  the  confidence  of  the  people.  Govern 
mental  powers  for  investigation  and  prosecu 
tion  have  been  freely  used  to  end  the  abuses 
and  discriminations  which  have  afflicted  inter 
state  commerce,  to  break  up  unlawful  com 
binations,  and  to  enforce  the  provisions  of  the 
Anti-Trust  Act.  The  activities  of  Congress 
in  the  interest  of  all  the  people  have  been 
attested  by  the  passage  of  the  Railroad  Rate 
Act,  the  Meat  Inspection  Act,  the  Pure  Food 
Act,  and  the  Employers'  Liability  Act. 

In  referring  to  this  record  of  the  Federal 
Administration,  I  should  not  be  understood  to 
imply  that  this  is  a  campaign  of  National 
issues.  The  paramount  issues  in  this  cam 
paign  are  State  issues.  But  in  the  matters 
which  I  have  mentioned  we  find  a  notable 
record  of  achievement  which  presents  a  striking 
contrast  to  the  noisy  pretensions  of  the  hour. 


Nomination  for  Governor,  1906      n 

Our  State  Administration  has  also  accom 
plished  many  genuine  reforms. 

The  gas  and  electric  monopoly  of  New  York 
City  has  been  subjected  to  impartial  investiga 
tion,  and  a  statute  has  been  passed  fixing  the 
rate  to  private  consumers  at  eighty  cents  per 
one  thousand  cubic  feet.  While  this  Act  has 
been  attacked  and  the  claim  of  the  companies 
that  the  rate  is  so  low  as  to  amount  to  con 
fiscation  is  before  the  Federal  Courts  for  de 
termination,  the  State  has  done  all  that  it  can 
do  constitutionally  to  give  the  residents  of  this 
city  cheaper  gas. 

Corporations  have  been  prohibited  from 
contributing  to  political  campaign  funds. 

The  law  as  to  perjury  has  been  made  more 
stringent. 

Corrupt  lobbying  has  been  made  more  diffi 
cult,  and  the  honorable  presentation  of  argu 
ment  relating  to  legislative  measures  has  been 
promoted  by  a  statute  compelling  the  registra 
tion  of  persons  and  the  filing  of  statements 
of  compensation  paid. 

Good  roads  have  been  provided  for. 

An  Act  has  been  passed  extending  the  lia 
bility  of  railroads  for  personal  injuries  suffered 
by  employees. 

The  Liquor  License  Law  has  been  amended 


12  Charles  Evans  Hughes 

so  as  to  abolish  the  iniquities  which  had  grown 
up  in  connection  with  the  so-called  Raines 
Law  hotels. 

The  business  of  life  insurance,  of  vital  con 
sequence  to  the  security  of  our  homes,  has 
been  purged  of  its  abuses  and  placed  under 
restrictions  conserving  the  interests  of  policy- 
holders. 

Our  great  life  insurance  companies  which 
were  mutual  in  theory  have  been  made  so  in 
fact  and  the  policyholders  have  been  given 
free  opportunity  to  elect  their  representatives. 

And  in  connection  with  the  proceedings 
which  led  to  these  legislative  measures  the 
attention  of  the  country  has  been  directed  to 
correct  standards  of  business  morality  and 
the  conscience  of  the  people  has  been  aroused 
to  a  more  insistent  demand  for  the  strict  dis 
charge  of  fiduciary  obligation  and  for  honesty 
in  public  and  private  life. 

It  is  proper  that  we  should  rejoice,  and 
we  do  frankly  rejoice,  that  while  these  reforms 
had  the  support  of  the  sentiment  of  the  State, 
they  were  accomplished  under  the  Republican 
administration.  And  apart  from  his  official 
relation  to  the  legislation  to  which  I  have 
referred,  it  is  with  special  pleasure  that  I 
refer  to  the  cordial  support  of  which  I  was 


Nomination  for  Governor,  1906      13 

constantly  made  aware  during  the  gas  and 
insurance  investigations  on  the  part  of  Gov 
ernor  Frank  W.  Higgins. 

What  do  we  find  in  opposition  to  us  ? 

A  masquerade.  An  Independence  League, 
whose  independence  has  been  betrayed,  and  a 
so-called  but  spurious  Democratic  party  which 
has  violated  every  principle  of  Democratic 
government. 

No  one  can  deny  us  the  right  to  pay  just 
tribute  to  " Jeffersonian  Democrats"  or  to 
"  Lincoln  Republicans."  Our  contest  is  not 
with  them  and  the  candidates  opposed  to  us 
are  not  of  them.  Vain  is  it  for  our  opponents 
to  parade  in  the  livery  of  virtue.  Empty  are 
their  professions  and  hollow  their  declarations 
and  promises. 

If  you  would  know  the  sort  of  administra 
tion  we  should  have  in  the  event  of  their  suc 
cess,  look  at  the  Buffalo  Convention,  for  there 
you  will  find  their  methods  mirrored  — 
their  motive,  selfishness,  and  their  method, 
intrigue. 

We  test  the  sincerity  of  their  assertion  of 
independence  by  their  efforts  to  procure  the 
Democratic  nomination. 

We  test  the  sincerity  of  their  denunciation 
of  bosses  by  their  deals  with  bosses. 


14  Charles  Evans  Hughes 

We  test  the  sincerity  of  their  appeals  to 
American  ideals  by  their  despotic  proceedings. 

We  test  the  sincerity  of  their  attacks  upon 
the  use  of  money  in  politics  by  their  use  of 
money  in  politics. 

We  test  the  sincerity  of  their  devotion  to 
the  interests  of  the  people  by  their  efforts 
to  foment  disorder  and  exploit  ignorance  in 
the  interest  of  selfish  ambition. 

What,  then,  is  the  supreme  issue  of  this 
campaign  ?  It  is  not  an  issue  of  the  Repub 
lican  record.  It  is  not  an  issue  of  Republican 
principles  or  of  Democratic  principles.  It  is 
not  a  partisan  issue  at  all.  It  is  the  vital  issue 
of  decent  government.  It  is  an  issue  which 
shall  array  on  one  side  all  lovers  of  truth,  of 
sobriety,  and  of  honest  reform,  be  they  Repub 
licans,  Democrats,  or  Independents. 

The  question  is  whether  the  unholy  alliance 
that  succeeded  at  Buffalo  shall  capture  the 
State  of  New  York. 

Loyal,  then,  as  we  are  to  the  Republican 
party,  we  stand  to-night  upon  a  broader  plat 
form,  claiming  as  a  right  the  support  of  all 
good  citizens.  For  while  we  are  Republicans, 
we  are  citizens  first,  and  in  this  campaign  we 
stand  for  the  honor  of  the  State. 

In  my  message  to  the   Convention  I  stated 


Nomination  for  Governor,  1906      15 

that  if  elected  it  would  be  my  ambition  to  give 
the  State  a  "  sane,  efficient,  and  honorable 
administration  free  from  taint  of  bossism  or 
of  servitude  to  any  private  interest." 

This  is  my  position  in  a  nut-shell. 

It  will  be  an  unbossed  administration.  I 
believe  in  party  organization — in  clean,  effi 
cient  organization.  I  promise  all  members  of 
the  party  fair  treatment  and  just  consideration. 
No  individual,  or  group  of  individuals,  and 
no  private  interest  will  be  permitted  to  dictate 
my  policy.  I  shall  decide  and  act  according 
to  my  conscience  and  as  I  believe  the  public 
interest  requires. 

I  promise  an  honest  administration. 

It  will  not  be  necessary  for  anyone  to  pay 
one  cent  to  defeat  what  is  called  "strike" 
legislation.  There  will  be  no  excuse  for  the 
improper  expenditure  of  money  upon  that 
ground. 

On  the  other  hand,  so  far  as  in  me  lies  every 
effort  to  obstruct  just  and  impartial  adminis 
tration,  or  to  procure  legislation  or  depart 
mental  action  for  the  benefit  of  any  individual 
or  corporation  in  opposition  to  the  public  wel 
fare,  or  to  prevent  action  or  legislation  which 
the  people  should  have,  will  be  exposed  and 
frustrated. 


1 6  Charles  Evans  Hughes 

No  interest,  however  prominent ,  will  receive 
any  consideration  except  that  to  which  upon 
the  merits  of  the  case  it  may  be  entitled,  when 
viewed  in  the  light  of  the  supreme  interest  of 
the  people. 

It  will  be  my  aim  to  make  the  administration 
of  the  government  efficient  and  economical.  I 
am  not  committed  to  specific  measures.  I  prom 
ise  an  examination,  careful  and  impartial,  of  all 
matters  within  the  scope  of  my  authority  and 
such  action  as  my  honest  judgment  shall  approve. 

I  am  deeply  interested  in  all  efforts  to 
better  the  condition  of  our  working  men. 
Every  practical  measure  for  the  real  benefit  of 
labor  will  have  my  cordial  support.  It  would 
be  difficult  to  point  to  a  more  important  field 
of  legislation  than  that  illustrated  by  the  Acts 
relating  to  tenement-houses,  to  sweat-shops,  to 
child  labor,  and  to  hours  of  labor.  These  are 
important  contributions  to  the  cause  and  their 
provisions  should  be  effectively  administered. 
I  believe  in  the  thorough  enforcement  of  the 
Labor  Laws,  and  shall  favor  such  appropria 
tions  and  such  equipment  as  will  admit  of  their 
proper  execution. 

I  shall  spare  no  effort  to  make  effective  the 
reforms  in  the  business  of  life  insurance  so 
essential  to  the  interests  of  policyholders. 


Nomination  for  Governor,  1906      17 

I  promise  the  enforcement  of  the  law  with 
equal  severity  and  equal  justice  to  all,  rich 
and  poor,  corporations  and  individuals. 

We  are  all  members  of  one  body  politic. 
We  could  not  separate  our  interests  if  we 
tried.  We  desire  to  preserve  the  opportuni 
ties  for  individual  initiative  and  the  rewards 
of  ability,  industry,  and  integrity.  We  desire  to 
protect  the  government,  with  its  guaranties 
of  life,  liberty,  and  the  pursuit  of  happiness, 
from  being  used  by  any  person  or  combination 
of  persons  to  promote  a  selfish  interest  at  the 
expense  of  the  other  members  of  the  com 
munity.  We  desire  to  enforce  the  laws  we 
have  and  to  enact  such  additional  laws  as  may 
be  required  to  secure  equal  privileges  and 
opportunities  and  to  prevent  any  one  person 
or  class  of  persons  from  being  made  the  victim 
of  oppression.  We  believe  in  open  discussion 
and  responsible  criticism.  But  efforts  to  make 
discontent  serve  self-interest,  to  create  class 
hatred,  to  distort  the  good  and  to  exaggerate 
the  evil,  are  subversive  of  free  institutions 
and  tend  to  anarchy. 

We  make  our  appeal  to  the  common  sense 
of  the  American  people,  which  has  never  failed 
to  express  itself  decisively  in  a  great  crisis. 
We  are  pledged  to  achieve  reforms  in  the 


1 8  Charles  Evans  Hughes 

American  manner,  in  accordance  with  the 
genius  of  our  institutions,  and  with  love  of 
truth  and  even-handed  justice. 

It  is  in  this  spirit  and  with  these  pledges 
alone  that  I  accept  the  nomination. 


III. 


Inaugural  Address,  Albany,  N.  Y.,  Janu 
ary  i,  1907. 

Fellow  Citizens : — I  assume  the  office  of 
Governor  without  other  ambition  than  to 
serve  the  people  of  the  State.  I  have  not 
coveted  its  powers  nor  do  I  permit  myself  to 
shrink  from  its  responsibilities.  Sensible  of 
its  magnitude  and  of  my  own  limitations,  I 
undertake  the  task  of  administration  without 
illusion.  But  you  do  not  require  the  impos 
sible.  You  have  bound  me  to  earnest  and 
honest  endeavor  in  the  interest  of  all  the 
people  according  to  the  best  of  my  ability 
and  that  obligation,  with  the  help  of  God, 
I  shall  discharge. 

We  have  reason  to  congratulate  ourselves 
that,  coincident  with  our  prosperity,  there  is 
an  emphatic  assertion  of  popular  rights  and  a 
keen  resentment  of  public  wrongs.  There  is 
no  panacea  in  executive  or  legislative  action 
for  all  the  ills  of  society  which  spring  from  the 

19 


20  Charles  Evans  Hughes 

frailties  and  defects  of  the  human  nature  of 
its  members.  But  this  furnishes  no  excuse  for 
complaisant  inactivity  and  no  reason  for  the 
toleration  of  wrongs  made  possible  by  defective 
or  inadequate  legislation  or  by  administrative 
partiality  or  inefficiency. 

It  is  sometimes  said  that  we  have  laws 
enough,  and  that  the  need  is  not  of  more  law 
but  of  better  enforcement  of  the  law.  There 
is  abundant  occasion  for  caution  against  hasty 
legislation.  Whether  or  not  we  have  laws 
enough,  we  certainly  have  enough  of  ill-con 
sidered  legislation,  and  the  question  is  not  as 
to  the  quantity  but  as  to  the  quality  of  our 
present  and  of  our  proposed  enactments. 

The  proper  confines  of  legislative  action  are 
not  to  be  determined  by  generalities.  Slowly 
but  surely  the  people  have  narrowed  the  op 
portunities  for  selfish  aggression,  and  the 
demand  of  this  hour,  and  of  all  hours,  is  not 
allegiance  to  phrases,  but  sympathy  with  every 
aspiration  for  the  betterment  of  conditions 
and  a  sincere  and  patient  effort  to  understand 
every  need  and  to  ascertain  in  the  light  of  ex 
perience  the  means  best  adapted  to  meet  it. 
Each  measure  proposed  must  ultimately  be 
tested  by  critical  analysis  of  the  particular 
problem, — the  precise  mischief  alleged  and  the 


Inaugural  Address,  1907  21 

adequacy  of  the  proffered  remedy.  It  is  the 
capacity  for  such  close  examination  without 
heat  or  disqualifying  prejudice  which  distin 
guishes  the  constructive  effort  from  vain  en 
deavors  to  change  human  nature  by  changing 
the  forms  of  government. 

It  must  freely  be  recognized  that  many  of 
the  evils  of  which  we  complain  have  their 
source  in  the  law  itself,  in  privileges  carelessly 
granted,  in  opportunities  for  private  aggran 
dizement  at  the  expense  of  the  people  reck 
lessly  created,  in  failure  to  safeguard  our 
public  interests  by  providing  means  for  just 
regulation  of  those  enterprises  which  depend 
upon  the  use  of  public  franchises.  Wherever 
the  law  gives  unjust  advantage,  wherever  it 
fails  by  suitable  prohibition  or  regulation  to 
protect  the  interests  of  the  people,  wherever 
the  power  derived  from  the  State  is  turned 
against  the  State,  there  is  not  only  room  but 
urgent  necessity  for  the  assertion  of  the 
authority  of  the  State  to  enforce  the  com 
mon  right. 

The  growth  of  our  population  and  the 
necessary  increase  in  our  charitable  and  cor 
rectional  work,  the  great  enterprises  under 
State  control, — our  canals,  our  highways,  our 
forest  preserves, — the  protection  of  the  public 


22  Charles  Evans  Hughes 

health,  the  problems  created  by  the  congestion 
of  population  in  our  great  cities,  lead  to  a  con 
stant  extension  of  governmental  activity  from 
which  we  cannot  have,  and  we  would  not  seek, 
escape. 

This  extension  compels  the  strictest  insist 
ence  upon  the  highest  administrative  stand 
ards.  We  are  a  government  of  laws  and  not 
of  men.  We  subordinate  individual  caprice  to 
defined  duty.  The  essentials  of  our  liberties 
are  expressed  in  constitutional  enactments  re 
moved  from  the  risk  of  temporary  agitation. 
But  the  security  of  our  government,  despite  its 
constitutional  guaranties,  is  found  in  the  intel 
ligence  and  public  spirit  of  its  citizens  and  in 
its  ability  to  call  to  the  work  of  administration 
men  of  single-minded  devotion  to  the  public 
interests,  who  make  unselfish  service  to  the 
State  a  point  of  knightly  honor. 

If  in  administration  we  make  the  standard 
efficiency  and  not  partisan  advantage,  if  in  ex 
ecuting  the  laws  we  deal  impartially,  if  in  mak 
ing  the  laws  there  is  fair  and  intelligent  action 
with  reference  to  each  exigency,  we  shall  dis 
arm  reckless  and  selfish  agitators  and  take 
from  the  enemies  of  our  peace  their  vantage 
ground  of  attack. 

It  is  my  intention  to  employ  my  constitu- 


Inaugural  Address,  1907  23 

tional  powers  to  this  end.  I  believe  in  the 
sincerity  and  good  sense  of  the  people.  I  be 
lieve  that  they  are  intent  on  having  govern 
ment  which  recognizes  no  favored  interests 
and  which  is  not  conducted  in  any  part  for 
selfish  ends.  They  will  not  be,  and  they 
should  not  be,  content  with  less. 

Relying  upon  your  support  and  hoping  to 
deserve  your  continued  confidence,  with  the 
single  desire  to  safeguard  your  interests  and 
to  secure  the  honorable  administration  of  the 
office  to  which  you  have  called  me,  I  now  enter 
upon  the  discharge  of  its  duties. 


IV. 

Speech  at  the  Dinner  of  the  Republican 
Club  of  the  City  of  New  York,  October 
18,  1907. 

Nearly  twenty  years  ago  I  joined  this  club. 
It  was  the  first  political  organization  with  which 
I  became  identified.  Many  of  you  have  been 
my  personal  friends.  It  was  in  this  building 
that  I  accepted  the  nomination  for  Governor 
and  stated  the  issues  which  were  regarded 
as  paramount  in  the  last  campaign.  It  was 
under  your  auspices  that,  after  the  election,  on 
an  occasion  which  for  the  warmth  of  its  greet 
ing  and  the  cordiality  of  its  good  wishes  will 
never  be  forgotten,  I  attempted  to  set  forth 
the  principles  which  should  govern  my  admin 
istration.  Related  as  I  am  to  this  club  by  such 
intimate  and  sentimental  associations,  it  is  es 
pecially  gratifying  to  have  this  opportunity  of 
meeting  with  you.  And  I  may  be  pardoned 
if  I  speak  in  a  somewhat  personal  vein. 

I  shall  not  attempt  to  recount  in  any  detailed 

24 


New  York,  October  18,  1907        25 

or  comprehensive  manner  what  was  accom 
plished  at  the  last  session  of  the  Legislature. 
It  was  a  long  session,  but  one  remarkable 
for  the  importance  of  the  general  legislation 
enacted,  and  it  reflected  great  credit  upon  the 
Legislature. 

One  of  the  fundamental  purposes  of  the  ad 
ministration  is  to  vindicate  the  adequacy  of  our 
institutions,  to  put  an  end  to  abuses  without 
tumult  or  disorder,  without  injustice  or  dema- 
goguery,  and  in  a  patient,  deliberate,  but  none 
the  less  vigorous  manner  to  insist  upon  the 
recognition  and  enforcement  of  public  rights 
by  availing  ourselves  to  the  utmost  of  the  ex 
isting  machinery  of  government  and  by  making 
such  new  provision  as  the  interests  of  the 
people  may  require.  A  difficult  problem  of  first 
importance  was  presented  in  connection  with 
our  public  service  corporations.  It  was  our 
object  to  remove  this  from  the  field  of  reckless 
agitation  and  to  provide,  to  the  fullest  extent 
consistent  with  constitutional  requirements, 
methods  of  investigation  and  redress  through 
which  the  public  obligations  of  reasonable,  im 
partial,  and  adequate  service  could  be  enforced, 
and  public  safety  and  convenience  be  con 
served.  Our  Public  Service  Commissions  Law 
provides  the  necessary  machinery  and  powers, 


26  Charles  Evans  Hughes 

to  the  use  of  which  have  been  called  men  owing 
no  allegiance  to  any  special  interest,  unembar 
rassed  by  either  financial  or  political  obliga 
tion,  who  are  devoting  themselves  with  a  single 
purpose  to  the  protection  of  the  rights  of  the 
people.  Means  have  been  provided  to  prevent 
the  repetition  of  the  wrongs  which  have  been 
committed  in  the  past,  and  through  the  use  of 
the  powers  governing  the  issue  of  bonds  and 
stocks,  through  insistence  upon  proper  methods 
of  bookkeeping,  through  the  prescribed  super 
vision  of  the  transactions  of  these  corporations, 
it  is  believed  that  necessary  publicity  will  be 
secured,  that  the  rights  of  investors  will  be 
safeguarded,  and  that  the  public  will  be  pro 
tected  from  the  reckless  exploits  of  the  un 
scrupulous  who  hitherto  have  had  their  way 
without  effective  restraint. 

I  believe  most  thoroughly  in  the  efficient 
regulation  of  these  public  service  corporations 
in  the  interest  of  the  public.  I  believe  that 
their  transactions  should  be  conducted  in  the 
light  of  day  and  under  the  public  eye,  that 
they  should  be  compelled  to  furnish  the  service 
which  they  are  bound  by  their  charters  to  ren 
der,  and  that  all  their  public  obligations  should 
rigorously  be  enforced. 

I  also  believe  in  the  reign  of  justice  and  in 


New  York,  October  18,  1907        27 

the  patient  consideration  of  every  question  to 
the  end  that  it  may  be  settled  in  a  spirit  of 
fairness.  I  have  no  more  confidence  in  venge 
ful  methods  and  arbitrary  legislation — in  those 
political  grafters  who  endeavor  to  make  selfish 
profit  out  of  public  wrongs — than  I  have  in 
the  sycophants  of  corporate  power.  Nothing 
is  permanent  but  truth  and  justice.  And  to 
attain  it,  in  view  of  our  human  imperfec 
tions  and  inherent  limitations,  we  must  address 
ourselves  unceasingly  to  this  end,  content  only 
with  the  award  of  our  best  judgment  after 
a  thorough  understanding  of  the  matter  with 
which  we  attempt  to  deal.  Accordingly  I  ad 
vocated  a  measure  containing  a  full  grant 
of  power  to  secure  the  right  determination  of 
each  matter  and  to  compel  obedience  to  the 
requirements  of  the  law.  And  at  the  same 
time  I  opposed  arbitrary  measures  framed 
without  consideration  and  reckless  of  conse 
quences. 

It  is  also  important  that  those  who  obtain 
privileges  from  the  State  should  make  due 
return  to  the  State.  In  connection  with  our 
water  powers  a  precedent  has  been  established 
and  consideration  is  now  being  given  to  the 
whole  question  of  the  development  of  the 
water  powers  of  the  State,  so  that  what 


28  Charles  Evans  Hughes 

belongs  to  the  people  may  be  wisely  used  for 
their  benefit  upon  just  terms. 

The  legislation  of  the  last  session  had  re- 

o 

gard  not  only  to  metropolitan  problems,  to 
evils  afflicting  commerce,  but  also  to  the  needs 
of  our  great  rural  communities.  The  highway 
legislation  enacted  in  accordance  with  the 
recommendations  of  the  State  Grange,  and 
the  consideration  by  the  legislative  committee 
now  sitting  of  questions  affecting  the  main 
tenance  and  construction  of  roads,  promise  to 
put  these  important  matters  upon  a  better  basis 
than  ever  before.  The  Labor  Department 
has  been  strengthened,  and  legislation  in  rela 
tion  to  hours  of  labor,  child  labor,  and  condi 
tions  of  labor  has  been  enacted.  Our  Corrupt 
Practices  Act  has  been  improved,  and  we  are 
looking  forward  to  needed  changes  in  our 
methods  of  nomination  and  election. 

I  cannot  dwell  upon  these  matters  at  this 
time,  but  I  wish  to  express  my  appreciation  of 
the  labor  and  the  support,  in  and  out  of  the 
Legislature,  which  have  had  their  result  in 
the  important  enactments  to  some  of  which 
I  have  briefly  referred. 

Now,  with  reference  to  matters  of  adminis 
tration,  it  has  been  sought  to  conduct  the 
public  affairs  solely  in  the  interest  of  the 


New  York,  October  18,  1907        29 

people  and  not  in  behalf  of  any  special  interest 
or  for  selfish  purposes,  and  not  for  partisan 
advantage  save  as  fidelity  and  efficiency  may 
have  their  due  reward  in  public  confidence. 
This  may  seem  a  counsel  of  perfection,  and  of 
course  human  nature  is  not  changed  by  official 
relations.  But  the  welfare  of  the  State  de 
pends  upon  the  maintenance  of  this  standard, 
and  if  there  is  one  thing  more  than  another 
for  which  I  desire  the  present  administration 
to  stand,  it  is  for  disinterestedness  in  public 

service. 

To  avoid  any  possibility  of  misapprehension 
regarding  my  own  course,  I  may  say  this  fur 
ther  word  :  I  do  not  seek  any  public  office. 
The  majority  of  people  doubtless  think  that 
the  distinction  and  power  of  office  are  an 
irresistible  attraction.  If  you  had  been  con 
stantly  in  my  company  during  the  past  nine 
months  you  would  see  that  another  point  of 
view  is  quite  possible.  To  me  public  office 
means  a  burden  of  responsibility — a  burden  of 
incessant  toil  at  times  almost  intolerable — 
which  under  honorable  conditions  and  at  the 
command  of  the  people  it  may  be  a  duty  and 
even  a  pleasure  to  assume,  but  is  far  from  be 
ing  an  object  of  ambition.  I  have  not  sought, 
nor  shall  I  seek,  directly  or  indirectly,  to 


30  Charles  Evans  Hughes 

influence  the  selection  or  the  vote  of  any  dele 
gate  to  any  convention,  and  with  reference 
to  the  action  of  any  delegate  to  any  conven 
tion  there  will  be  no  suggestion  or  thought  of 
influence,  protest,  or  reprisal  in  the  Executive 
Chamber. 

Those  whom  I  have  appointed  to  office 
have  been  counselled  to  have  sole  regard  to 
the  efficiency  of  the  work  of  their  depart 
ments.  I  have  asked  no  man  for  favors,  but 
on  the  contrary  I  have  constantly  insisted  that 
the  work  of  government  shall  be  carried  on 
not  with  reference  to  the  selfish  advantage  of 
any  one  but  exclusively  in  the  interest  of  the 
people. 

It  has  been  stated  that  I  have  not  paid 
sufficient  attention  to  those  who  are  politically 
active  and  who  bear  the  burden  and  heat  of 
the  day  in  political  campaigns.  It  has  been 
said  that  I  regard  political  activity  as  a  dis 
qualification  for  public  office.  Now  no  cause 
can  be  advanced  without  hard  work  and  it 
must  be  the  object  of  zealous  devotion.  I 
esteem  those  who  in  an  honorable  manner  work 
for  the  party.  Political  activity  by  virtue  of 
the  experience  and  knowledge  of  affairs  gained 
in  it,  so  far  from  being  a  disqualification,  may 
be  a  most  important  qualification  for  office. 


New  York,  October  18,  1907        31 

But  I  want  that  political  activity  to  be  of 
such  a  character  as  to  leave  a  man  free  and 
independent  in  the  dignity  of  his  manhood 
to  perform  the  duties  of  office,  if  appointed, 
unembarrassed  by  improper  influences  and  un 
affected  by  accumulated  obligations.  We  want 
in  office  men  adapted  to  the  office,  with  the 
character  and  the  capacity  which  will  enable 
them  to  discharge  its  duties,  and  if  they  can 
call  political  experience  to  their  aid  so  much 
the  better,  so  long  as  in  that  experience  they 
have  maintained  their  individuality  and  self- 
respect  and  have  remained  worthy  of  the  pub 
lic  confidence.  This  is  a  question  of  character 
and  not  of  environment ;  a  question  of  one's 
conception  of  and  fidelity  to  duty. 

Talking  in  this  personal  vein  I  may  say  that 
I  have  steadfastly  refrained  from  becoming 
associated  in  any  manner  with  factional  con 
troversies.  I  have  no  connection  with  or  in 
terest  in  the  ambitions  or  efforts  of  rivals  for 
political  preferment  or  political  leadership  in 
any  locality  or  in  the  State  at  large.  I  desire 
to  see  party  activities  conducted  honorably, 
the  freest  expression  of  popular  choice,  and  to 
have  party  organization  represent  the  untram 
melled  wish  of  the  members  of  the  party 
without  any  interference  on  the  part  of  the 


32  Charles  Evans  Hughes 

Executive.  To  this  end  I  have  favored  the 
adoption  of  a  plan  for  direct  nominations  and 
have  favored  a  permissive  bill  so  that  the 
plan  could  have  a  fair  trial  in  the  com 
munities  where  it  has  the  support  of  public 
sentiment. 

It  is  of  great  importance  in  my  judgment 
that  the  discharge  of  the  duties  of  the  gov 
ernorship  should  not  be  embarrassed  by  at 
tempts  at  political  management.  Such  is  the 
power  of  the  office  that  it  lends  itself  easily 
to  efforts  at  political  control,  and  such  a  use  of 
the  office  is,  I  believe,  fraught  with  danger  to 
the  interests  of  the  people  of  the  State.  It 
is  far  better  that  the  Governor  should  exercise 
his  office  in  the  interest  of  the  people  without 
being  embarrassed  by  the  exigency  of  main 
taining  control  of  party  machinery.  And  as  a 
party  man  he  will  serve  his  party  best  in  office 
by  adhering  strictly  to  his  duties  and  main 
taining  the  highest  standards  of  impartial  ad 
ministration.  It  may  be  well  that  he  should 
become  the  exponent  of  the  principles  and 
policies  in  furtherance  of  which  he  may  have 
been  elected.  But  his  strength  for  their  ad 
vancement  in  popular  approval  and  in  the 
adoption  which  should  rest  upon  that  approval 
will  soon  be  lost  if  he  permits  himself  to 


New  York,  October  18,  1907       33 

take  part  in  contests  for  office  or  for  party 
representation. 

I  am  frequently  asked  to  express  approval 
or  disapproval  of  party  action  or  of  particular 
candidacies.  Should  I  do  so,  it  would  fairly 
be  incumbent  upon  me  to  pronounce  upon 
such  action  or  candidacies  in  advance  and  thus 
to  attempt  to  determine  the  course  to  be  pur 
sued.  If  this  were  done  in  one  case,  it  would 
be  inevitable  that  it  should  be  done  in  many 
cases,  with  consequent  responsibility.  If  such 
responsibility  be  assumed,  it  must  be  accom 
panied  by  action — by  such  attention  to  mat 
ters  of  management  as  would  be  commensurate 
with  the  responsibility  and  would  justify  its 
assumption.  The  result  is  certain.  Experi 
ence  shows  you  cannot  stop  short  of  it.  If 
such  a  course  be  taken,  either  the  Governor — 
and  he  cannot  separate  himself  from  his  office 
— will  be  in  undisputed  control  of  party  manage 
ment  and  become  a  party  boss,  or  he  will  be 
involved  in  continual  contests  for  the  mainte 
nance  of  his  political  influence  and  prestige. 

Now  I  do  not  aim  to  be  a  party  boss.  I 
want  simply  to  be  Governor  during  my  term. 
The  only  alternative  to  the  course  that  I  have 
criticised  is  to  divorce  the  governorship  from 
political  entanglements,  to  keep  its  influence 


34  Charles  Evans  Hughes 

free  from  controversies  that  do  not  concern  the 
office.  And  my  conception  of  the  duties,  the 
responsibilities,  and  the  power  for  good  of  that 
office  forbids  me  from  throwing  its  weight  or 
attempting  to  exercise  its  power  except  for 
the  purpose  of  performing  its  constitutional 
functions. 

I  have  also  frequently  commented  upon  the 
importance  of  constant  practical  recognition  of 
the  limits  assigned  under  our  system  of  gov 
ernment  to  the  exercise  of  legislative,  judicial, 
and  executive  powers.  I  have  no  desire  to 
usurp  the  function  of  the  Legislature  in  any 
degree.  It  is  my  privilege  and  duty  to  recom 
mend  to  the  Legislature  such  matters  as  I 
deem  expedient.  And  when  a  matter  is 
deemed  to  be  expedient  it  is  my  duty  to  urge 
it  as  vigorously  as  I  may.  It  is  also  my  duty 
to  pass  upon  the  bills  that  come  before  me, 
and,  when  I  believe  that  a  measure  is  contrary 
to  the  interests  of  the  State,  to  express  my 
disapproval  in  the  constitutional  manner.  But 
it  is  not  my  province  to  attempt  to  curtail  the 
privileges  of  the  Legislature  or  to  seek  to 
control  its  action,  except  as  it  may  be  influ 
enced  by  the  expression  of  sound  opinion 
and  by  recommendations  supported  by  the 
people  of  the  State. 


New  York,  October  18,  1907       35 

I  desire  to  see  our  legislative  halls  filled 
with  men  of  strength  and  independence,— 
men  yielding  to  no  influence  and  subject  to 
no  control  but  that  of  reason  and  conscience 
and  an  honest  conception  of  public  duty. 
Undoubtedly  opposition  sometimes  takes  the 
name  of  independence  when  it  only  expresses 
servility  to  interests  which  cannot  be  openly 
espoused.  Of  such  counterfeit  independence 
which  attempts  in  the  interest  of  special  privi 
lege  to  balk  efforts  at  honest  government,  I 
do  not  speak.  There  are  important  measures 
to  be  considered  by  the  next  Legislature.  I 
do  not  ask  any  blind  or  servile  following. 
I  ask  simply  for  honest  consideration  in  the 
light  of  reason  and  for  that  support  which 
men  of  rectitude,  faithful  to  their  oaths  as 
legislators,  true  to  their  duty  as  representatives 
of  the  people,  can  give  with  a  clear  conscience. 

Fellow  Republicans :  the  future  is  bright 
with  hope.  By  his  vigorous  administration, 
his  virility,  his  broad  humanity,  and  his  de 
termined  opposition  to  notorious  abuses,  our 
fellow  citizen,  the  distinguished  President  of 
the  Republic,  has  won  the  hearts  of  the  peo 
ple.  We  have  not  only  his  example,  but  we 
know  that  he  is  and  has  been  in  cordial  sym 
pathy  with  every  effort  for  efficient  adminis- 


36  Charles  Evans  Hughes 

tration,  for  the  correction  of  evil,  and  for  the 
improvement  of  our  laws.  The  Republican 
party  has  been  a  party  of  ideals,  of  masterful 
leaders,  and  of  constructive  power.  We  are 
proud  that  we  are  members  of  it.  It  is  a 
national  party,  but  its  potency  in  national 
affairs  inevitably  depends  in  large  degree  upon 
its  zealous  pursuit  in  State  affairs  of  those 
ideals  of  disinterested  and  capable  administra 
tion  which  are  treasured  by  the  people  irre 
spective  of  party.  In  this  State  our  highest 
duty  to  the  party  is  to  bring  to  public  service 
men  who  are  resolute,  efficient,  and  single- 
minded,  and  to  insure  the  exercise  of  govern 
mental  powers  in  the  interest  of  all  the  people. 
Discharging  this  duty,  the  party  cannot  fail  to 
enlarge  the  area  of  its  support,  and  the  suc 
cesses  of  the  future  will  far  transcend  the 
distinction  of  its  past  accomplishments. 


V. 


Correspondence  with  James  S.  Lehmaier 
of  New  York  City. 

THE  REPUBLICAN  CLUB  OF  THE  CITY  OF  NEW  YORK 
54  and  56  West  4Oth  Street 

NEW  YORK,  January  18,  1908. 

HON.  CHARLES  E.  HUGHES, 
ALBANY,  N.  Y. 

My  Dear  Governor  : 

At  a  recent  meeting  of  the  Republican  Club  of  the 
City  of  New  York,  very  largely  attended,  a  resolution 
was  adopted  with  practical  unanimity  strongly  urging 
the  next  Republican  National  Convention  to  nominate 
you  for  the  office  of  President  of  the  United  States,  and 
to  that  end  inviting  the  co-operation  of  Republicans 
generally. 

The  president  of  the  Club  has  appointed  a  Committee 
of  twenty-five  to  carry  out  the  purpose  of  the  resolution. 

The  Committee  has  entered  upon  the  duties  assigned 
to  it  and  its  efforts  have  met  with  a  most  gratifying 
public  response. 

Under  the  circumstances,  it  has  seemed  to  us  that 
some  expression  from  you  would  be  timely. 

As  Chairman  of  this  Committee  and  in  the  hope  that 
37 


38  Charles  Evans  Hughes 

this  suggestion  may  meet  with  your  approval,  I  write  to 
inquire  whether  you  will  meet  your  fellow  members  of 
the  Republican  Club  at  its  Club-house  at  such  time  as 
may  suit  your  convenience. 

Very  sincerely  yours, 

JAMES  S.  LEHMAIER. 

STATE  OF  NEW  YORK 
EXECUTIVE  CHAMBER 

ALBANY,  January  21,  1908. 

MR.  JAMES  S.  LEHMAIER, 

Chairman  of  Committee,  Republican  Club, 
54  West  4oth  Street,  New  York  City. 

My  Dear  Mr.  Lehmaier : 

Your  letter  of  the  i8th  has  been  received.  I  am 
deeply  sensible  of  the  honor  conferred  upon  me  by  my 
fellow  members  of  the  Republican  Club  in  the  passage 
of  the  resolution  to  which  you  refer,  and  it  will  give  me 
pleasure  to  accept  the  invitation.  In  accepting  it,  it  is 
proper  for  me  to  re-state  my  position  : 

It  is  my  desire  that  the  sentiment  of  the  party  shall 
have  the  freest  expression,  and  that  such  action  shall  be 
taken  as  will  be  for  its  best  interests. 

I  do  not  seek  office  nor  shall  I  attempt  to  influence  the 
selection  or  vote  of  any  delegate.  The  State  adminis 
tration  must  continue  to  be  impartial  and  must  not  be 
tributary  to  any  candidacy. 

I  have  no  interest  in  any  fractional  controversy,  and 
desire  above  all  things  that  there  shall  be  deliberation, 
honest  expression  of  the  party  will,  and  harmony  of 
effort. 


Correspondence  with  J.  S.  Lehmaier  39 

I  cannot  fail  to  recognize  the  great  honor  which  the 
nomination  would  confer  or  the  obligation  of  service 
which  it  would  impose.  Nor  should  I  care  to  be  thought 
lacking  in  appreciation  of  the  confidence  and  esteem 
which  prompt  the  efforts  of  those  who  sincerely  desire 
to  bring  it  about.  The  matter  is  one  for  the  party  to 
decide,  and  whatever  its  decision  I  shall  be  content. 

I  shall  be  glad  to  meet  with  the  members  of  the 
Club  as  you  suggest,  and  to  make  such  further  statement 
as  may  be  appropriate.  In  view  of  the  engagements 
already  made  I  do  not  see  how  it  will  be  possible  to 
have  such  a  meeting  before  the  evening  of  January  3151, 
And  if  that  date  suits  your  convenience,  arrangements 
for  the  meeting  may  be  made  accordingly. 
Very  truly  yours, 

CHARLES  E.  HUGHES. 


VI. 

Address  before  the  Republican  Club  of  the 
City  of  New  York,  January  31,  1908. 

Fellow  Members  of  the  Republican  Club  : 

In  the  adoption  of  the  resolutions  which 
preceded  the  call  of  this  meeting,  you  have 
conferred  upon  me  an  honor  of  which  I  cannot 
express  adequately  my  appreciation.  It  is 
enhanced  by  the  fact  that  it  comes  from  old 
friends  and  associates — the  fellow  members  of 
an  organization  with  which  it  has  been  my 
privilege  to  be  identified  for  twenty  years,  and 
from  a  body  of  loyal  and  earnest  Republicans 
whose  zeal  for  the  welfare  of  the  Republican 
party  and  unselfish  devotion  to  its  interests 
are  known  throughout  the  country.  I  cherish 
your  friendship.  I  esteem  your  confidence. 
And  in  recognition  of  both,  and  of  the  obliga 
tion  imposed  upon  me  by  your  action,  I  shall 
define  my  position. 

Since  I  took  office  I  have  sought  to  make 

it  clear  that  I  would  not  become  involved  in 

40 


New  York,  January  31,  1908       41 

factional  strife  or  use  the  powers  of  office  to 
further  any  personal  interest.  I  am,  and  have 
been  constantly,  solicitous  that  the  administra 
tion  of  the  affairs  of  this  State  shall  not  be 
embarrassed  by  collateral  considerations,  and 
that  every  question  shall  be  presented  and 
decided  upon  its  merits,  unaffected  by  sug 
gestion  of  ulterior  motives.  For  this  reason  I 
have  avoided  gratuitous  discussion  of  questions 
foreign  to  my  official  duty.  But  when,  in 
justice  to  those  who  have  honored  me  with 
their  confidence,  and  to  the  party  which,  as  we 
all  desire,  should  act  freely  and  with  full  in 
formation,  it  becomes  a  duty  to  speak,  I  have 
no  desire  to  remain  silent.  Nor  should  I  in 
any  event  care  to  preserve  availability  at  the 
expense  of  candor. 

The  Republican  party  is  the  party  of  sta 
bility,  and  the  party  of  progress.  Its  funda 
mental  policies  have  determined  the  course  of 
the  Nation's  history.  Largely,  they  are  now 
without  serious  challenge  and  are  removed 
from  any  controversy  the  issue  of  which  might 
be  regarded  as  doubtful.  They  include  the 
policy  of  Union  in  opposition  to  every  divisive 
sentiment  or  disrupting  force.  They  include 
the  policy  of  establishing  the  national  credit 
upon  a  sure  foundation,  in  opposition  to  those 


42  Charles  Evans  Hughes 

financial  vagaries  which,  paraded  at  one  time 
with  solemn  argument  and  fervid  appeal  as 
the  hope  of  the  people,  are  now  by  common 
consent  relegated  to  our  museum  of  political 
absurdities,  wholly  amusing  save  for  our  keen 
appreciation  of  the  peril  we  narrowly  escaped. 
And  they  also  include  the  policy  of  protection 
to  American  industry  in  the  interest  of  the 
wage-earners  of  our  country  and  in  order  to 
safeguard  those  higher  American  standards  of 
living  which  our  people  wrill  never  permit  to 
be  reduced.  The  Republican  party  has  main 
tained  the  national  honor,  and  under  its  direc 
tion  American  diplomacy  has  attained  the 
highest  levels  of  honorable  purpose  and  dis 
tinguished  achievement.  The  great  names  of 
the  party  are  the  priceless  possession  of  the 
American  people,  who,  irrespective  of  partisan 
affiliations,  are  grateful  that  the  violence  of 
opposition  did  not  deprive  the  Nation  of  their 
leadership. 

The  Republican  party  to-day  is  charged 
with  weighty  responsibility.  By  reason  of  its 
ascendancy  in  Congress  nothing  can  be  accom 
plished  save  through  its  instrumentality.  It 
has  been  the  party  of  constructive  statesman 
ship,  and  with  its  present  opportunities  its 
destiny  is  in  its  own  keeping. 


New  York,  January  31,  1908        43 

We  are  contemplating  a  new  administration 
at  the  close  of  one  which  to  a  degree  almost 
unparalleled  has  impressed  the  popular  imagi 
nation  and  won  the  confidence  of  the  people. 
The  country  is  under  lasting  obligation  to 
President  Roosevelt  for  his  vigorous  opposition 
to  abuses  and  for  the  strong  impulse  he  has 
given  to  movements  for  their  correction.  Dif 
ferences  of  opinion  now  as  always  exist  with 
regard  to  the  best  means  of  solving  some  of 
the  extremely  difficult  problems  that  are  pre 
sented.  But  those  who  earnestly  desire  prog 
ress  and  the  establishment  of  our  security  on 
its  necessary  foundations  of  fair  dealing  and 
recognition  of  equal  rights,  appreciate  the 
great  service  he  has  rendered  and  the  funda 
mental  importance  of  the  purposes  he  has  had 
in  view.  We  shall  have  in  the  next  campaign 
a  notable  vantage  ground,  gained  through  the 
general  admiration  of  his  strong  personality 
and  the  popular  appreciation  of  the  intensity 
of  his  desire  to  promote  the  righteous  conduct 
of  affairs  and  the  welfare  of  his  fellow  men. 

The  most  impressive  revelation  of  modern 
history  is  the  picture  it  affords  of  the  wide 
spread  struggle  against  every  form  of  oppres 
sion  and  exploitation,  and  the  onward  march 
of  the  people  toward  the  realization  of  the 


44  Charles  Evans  Hughes 

ideals  of  self-government.  This  movement, 
sometimes  checked  by  arbitrary  power,  some 
times  impeded  by  ignorance,sometimes  suffering 
from  the  perversions  of  selfish  ambition,  some 
times  under  the  urgings  of  passion  running 
into  wanton  excesses  with  their  inevitable 
reactions,  nevertheless  broadly  viewed  is  an 
irresistible  movement  against  which  in  the 
long  run  the  opposition  of  class  or  of  privilege 
will  be  powerless  to  prevail.  There  is  no  rest 
in  human  affairs.  The  watchword  of  humanity 
is  progress.  And  the  administration  of  gov 
ernment,  in  proportion  to  the  enlightenment 
of  the  people,  will  reflect  in  ever-increasing 
degree  their  insistence  upon  the  enjoyment  of 
equal  civil  rights  and  upon  the  elimination  of 
all  evils  which  threaten  equality  of  opportunity. 
In  this  country  of  extraordinary  resources 
there  are  presented  to  an  unprecedented  de 
gree  the  advantages  of  a  free  society.  We 
are  blessed  with  a  system  of  government 
admirably  adapted  to  maintain  the  rights 
and  to  safeguard  the  opportunities  of  all.  It 
has  not  been  designed  for  the  benefit  of  a 
few,  but  for  the  many.  It  is  not  a  govern 
ment  for  any  class;  it  is  not  a  government 
for  the  holders  of  privilege ;  it  is  not  a  gov 
ernment  for  the  talented  or  for  the  rich ;  it  is 


New  York,  January  31,  1908        45 

a  government  for  the  people,  and  it  derives 
its  strength  and  its  assurance  of  permanence 
from  the  fundamental  conception  of  equality 
before  the  law,  and  from  the  appreciation  of 
the  common  rights  of  manhood. 

Our  government  is  based  upon  the  princi 
ples  of  individualism  and  not  upon  those  of 
socialism.  It  was  not  established  to  substitute 
one  form  of  despotism  for  another.  It  was 
founded  to  attain  the  aims  of  liberty,  of  lib 
erty  under  law,  but  wherein  each  individual 
for  the  development  and  the  exercise  of  his 
individual  powers  might  have  the  freest  op 
portunity  consistent  with  the  equal  rights  of 
all  others,  and  wherein  the  rewards  of  industry 
and  thrift, — the  gains  of  honest  effort, — might 
be  secure. 

We  do  not  seek  to  multiply  the  activities  of 
government  so  as  to  bring  about  vexatious 
interference  with  liberty  or  to  restrict  legitimate 
enterprise.  We  deprecate  all  unnecessary  gov 
ernmental  action.  But  our  individualism  does 
not  justify  unbridled  license.  Its  aims  may 
demand,  and  frequently  do  demand,  the  inter 
vention  of  government  with  necessary  restric 
tions  and  regulations  not  to  curtail  the  liberty 
of  the  people,  but  to  protect  it.  Wherever, 
in  order  to  maintain  civil  rights,  to  secure  the 


46  Charles  Evans  Hughes 

public  from  aggression,  or  to  compel  the  per 
formance  of  public  obligation,  the  action  of  the 
government  as  the  organ  of  the  popular  will  is 
necessary,  there  its  power  should  be  firmly, 
adequately,  and  impartially  exercised. 

Now  I  do  not  profess  to  be  able  to  speak 
the  last  word  with  regard  to  the  questions 
which  confront  us.  Many  of  them  are  diffi 
cult,  and  in  the  effort  to  reach  true  conclusions 
mistakes  may  be  inevitable.  But  before  these 
are  dealt  with  specifically  we  may  properly 
make  closer  inquiry  as  to  the  principles  which 
should  be  the  guide  of  our  action  and  to  which 
we  should  render  unquestioned  allegiance. 

What  are  the  conditions,  so  far  as  govern 
ment  is  concerned,  of  progress  in  the  United 
States  ? 

There  must  be  the  freest  opportunity  for 
the  honest  expression  of  the  popular  will.  To 
this  end  every  practicable  means  should  be 
employed  to  preserve  the  purity  of  the  ballot. 
Political  contributions  from  corporations  have 
wisely  been  prohibited  and  publicity  of  cam 
paign  expenses  should  be  enforced.  The  most 
stringent  measures  should  be  adopted  to  pre 
vent  corrupt  practices. 

This  is  a  representative  government  and 
not  a  pure  democracy.  The  latter  would  be 


New  York,  January  31,  1908        47 

unworkable  in  a  country  of  this  magnitude. 
Except  with  regard  to  fundamental  questions 
or  matters  comparatively  simple,  it  is  imprac 
ticable  for  the  electorate  directly  to  express 
its  views.  Our  system  presupposes  the  fidelity 
of  the  chosen  representatives  of  the  people.  I 
believe  in  party  government  to  enforce  and 
apply  party  principles ;  I  believe  in  the  re 
sponsibility  of  party  administration  in  accord 
ance  with  the  policies  announced  in  the  party 
platform.  These  policies  are  but  the  described 
methods  of  public  service  and  the  defined 
means  believed  to  be  conducive  to  the  public 
welfare.  In  short,  I  believe  in  fidelity  to 
principle,  publicly  professed,  and  in  honorable 
obedience  to  the  oath  of  office.  Upon  the 
fulfilment  of  these  paramount  fiduciary  obli 
gations,  and  upon  the  public  intolerance  of  the 
perversion  of  the  authority  conferred  by  the 
people  to  the  service  of  any  private  interest, 
the  safety  of  our  institutions  depends. 

I  also  believe  in  securing  the  highest  pos 
sible  degree  of  administrative  efficiency.  Our 
first  object  should  be  to  derive  from  existing 
laws  the  maximum  of  benefit  according  to 
their  intention.  The  firmness  and  the  impar 
tiality  of  justice  in  the  execution  of  the  laws 
insure  that  respect  for  law  and  order  and  that 


48  Charles  Evans  Hughes 

stability  of  government  which  conditions  every 
honorable  enterprise  and  underlies  the  pros 
perity  of  every  man,  whatever  his  work. 

The  battle  for  free  institutions  has  been  a 
struggle  against  special  privilege.  It  is  not 
won  merely  by  the  creation  of  new  forms  of 
government.  Against  every  attempt  to  make 
government  the  instrument  of  selfish  purposes 
a  free  people  must  constantly  be  on  the  alert. 
Every  franchise  granted  by  the  people  is  a 
privilege  justified  only  by  considerations  of 
the  public  welfare,  and  the  conditions  of  its 
exercise  should  be  such  as  to  insure  the  per 
formance  of  public  obligation.  There  must 
be  no  encroachment  on  the  common  right  for 
the  purpose  of  serving  the  interests  of  the  few 
at  the  expense  of  the  many. 

Of  fundamental  importance  also  is  respect 
for  the  rights  of  property.  This  is  the  security 
of  thrift.  It  is  of  even  greater  importance  to 
the  poor  than  to  the  rich.  The  unlawful 
acquisition  of  property  should  be  prevented  or 
punished.  The  conditions  underlying  grants 
of  public  franchises  should  be  enforced.  But 
property  lawfully  acquired  must  be  safe 
guarded. 

We  are  a  nation  of  workers.  Idlers  are 
comparatively  few.  Our  people  are  employed 


New  York,  January  31,  1908        49 

in  a  vast  network  of  activities.  We  must 
respect  the  demands  of  industry  and  be  solici 
tous  to  promote  the  welfare  of  those  who  in 
agriculture,  in  manufacture,  and  in  the  various 
enterprises  incident  to  the  exchanges  of  com 
merce  are  contributing  to  the  sum  of  national 
effort.  The  prosperity  of  the  nation  means 
the  prosperity  of  its  millions  of  toilers.  We 
are  so  interdependent  that  any  disturbance  or 
dislocation  has  a  far-reaching  effect,  and  their 
most  injurious  consequences  are  borne  by 
those  least  able  to  endure  disaster — the  wage- 
earners  and  the  men  of  limited  resources. 
We  desire  to  see  the  opportunities  for  labor 
protected  and  enlarged ;  the  conditions  of 
labor  improved ;  the  reasonable  adjustment  of 
controversies ;  and  above  all  we  should  seek 
to  maintain  stability  and  confidence,  in  order 
that  the  talent  of  our  people  for  productive 
industry  may  have  the  widest  scope  for  honor 
able  employment,  and  that  we  may  enjoy  to 
the  greatest  possible  extent  that  widely  dif 
fused  prosperity  and  happiness  to  which  we 
are  entitled  by  virtue  of  our  resources  and  our 
energy. 

In  this  country  progress  cannot  be  made 
save  in  harmony  with  our  constitutional  sys 
tem.  The  Constitution  in  its  entirety  must 


50  Charles  Evans  Hughes 

be  observed.  The  power  derived  from  the 
people  must  be  exercised  upon  the  conditions 
which  they  have  laid  down.  The  functions 
of  each  department  of  government — executive, 
legislative,  and  judicial — are  defined,  and  the 
responsibilities  of  each  department  are  fixed. 
The  people  have  not  only  thus  marked  out 
the  spheres  and  limited  the  powers  of  their 
representatives,  but  the  provisions  of  our  Con 
stitutions  are  also  checks  upon  the  hasty  and 
inconsiderate  action  of  the  people  themselves. 
According  to  our  system,  the  controlling  will 
of  the  people  is  found  in  constitutional  pro 
visions,  as  interpreted  and  applied  by  the 
courts,  and  these  must  remain  effective  until 
the  people  change  them  by  amending  the 
Constitution  in  the  prescribed  manner. 

We  must  also  recognize  the  division  of 
powers  between  the  Federal  and  the  State 
governments.  Through  the  latter,  necessary 
local  autonomy  is  secured.  It  is  essential  to 
the  permanence  of  free  institutions  that  each 
community  should  attend  to  its  particular 
affairs ;  and  through  the  powers  and  responsi 
bilities  of  local  administration,  independence, 
public  spirit,  and  capacity  for  self-government 
are  developed,  which  not  only  secure  the  en 
forcement  of  local  rights,  but  make  possible 


New  York,  January  31,1 908        5 1 

the  just  exercise  of  the  powers  of  the  cen 
tral  authority  over  those  matters  lying  outside 
the  proper  limits  of  local  jurisdiction. 

These  considerations  are  more  and  not  less 
important  because  of  the  development  of  inter 
state  commerce  and  the  powerful  forces  in  the 
world  of  business  which  in  their  practical  oper 
ation  ignore  State  lines.  And  the  necessary 
extension  of  the  activities  of  the  Federal 
Government  as  to  matters  inevitably  committed 
to  its  control  should  make  us  the  more  solici 
tous  that  the  administration  of  State  govern 
ments  should  show  the  highest  degree  of 
efficiency. 

There  are  two  dangers.  The  one  is  that 
serious  evils  of  national  scope  may  go  un 
checked  because  Federal  power  is  not  ex 
ercised.  The  other  lies  in  an  unnecessary 
exercise  of  Federal  power,  burdening  the  cen 
tral  authority  with  an  attempted  control  which 
would  result  in  the  impairment  of  proper  local 
autonomy,  and  extending  it  so  widely  as  to 
defeat  its  purpose.  It  must  be  remembered 
that  an  evil  is  not  the  proper  subject  of  Fed 
eral  cognizance  merely  because  it  may  exist 
in  many  States.  All  sorts  of  evils  exist  in 
many  States  which  should  be  corrected  by  the 
exercise  of  local  power,  and  they  are  not  evils 


52  Charles  Evans  Hughes 

of  Federal  concern  although  they  may  be 
widespread. 

On  the  other  hand,  it  cannot  be  regarded  as 
a  policy  of  unwise  centralization  that,  wherever 
there  is  a  serious  evil  demanding  govern 
mental  correction  which  afflicts  interstate 
commerce  and  hence  is  beyond  the  control 
of  the  States,  the  power  of  Congress  should 
unhesitatingly  be  exercised. 

But  we  are  not  left  to  the  consideration  of 
general  principles  of  governmental  action. 
Congress  has  the  power  given  to  it  by  the 
Constitution.  It  cannot,  if  it  would,  invade 
the  rights  of  the  States.  It  has  express 
authority  to  regulate  commerce  among  the 
several  States.  The  scope  of  the  interstate 
commerce  clause  and  the  boundaries  of  the 
Federal  powers  which  it  authorizes  are  the 
subject  of  determination  by  the  Supreme 
Court.  Congress  can  act  only  within  the 
limits  so  fixed,  and  in  acting  within  those 
limits,  the  question  is  not  one  of  power 
but  of  the  nature  of  the  evil  and  of  the  appro 
priate  remedy  for  its  cure. 

Having  stated  these  principles  I  shall  define 
briefly  my  position  with  regard  to  certain  par 
ticular  questions. 

There  is  no  matter  of  greater  importance 


New  York,  January  31,  1908        53 

than  the  conservation  and  development  of  our 
natural  resources.  It  is  of  the  most  urgent 
necessity  that  our  forests  should  be  protected, 
and  that  these  priceless  treasures  should  be 
preserved  from  ruthless  destruction.  All  the 
property  of  the  people  should  be  safeguarded 
from  spoliation.  I  am  also  deeply  interested 
in  the  development  of  inland  waterways,  to 
provide  increased  and  adequate  facilities  for 
our  growing  commerce.  We  should  further 
do  all  in  our  power  to  extend  the  area  of 
productive  activity  through  irrigation  and  suit 
able  plans  of  reclamation.  The  common  right 
in  our  public  lands  should  be  protected  from 
encroachment,  and  wherever  governmental 
power  may  properly  be  exercised  the  sole  ob 
ject  should  be  the  promotion  of  the  general 
welfare,  and  all  schemes  of  rapacity  should  be 
frustrated. 

I  do  not  believe  in  governmental  ownership 
of  railroads.  But  regulation  of  interstate 
transportation  is  essential  to  protect  the  peo 
ple  from  unjust  discriminations  and  to  secure 
safe,  adequate,  and  impartial  service  upon 
reasonable  terms  in  accordance  with  the  obli 
gations  of  common  carriers.  In  order  to  have 
supervision  which  is  both  thorough  and  just 
an  administrative  board  is  necessary.  I  may 


54  Charles  Evans  Hughes 

assume  that  my  attitude  with  regard  to  this 
matter  is  so  well  understood  through  my 
recommendations  in  relation  to  the  enact 
ment  of  the  Public  Service  Commissions  Law 
in  this  State  that  an  extended  statement  is 
unnecessary. 

I  approve  the  recent  extension  of  the  au 
thority  of  the  Interstate  Commerce  Commis 
sion  by  what  is  known  as  the  rate  bill,  and 
I  believe  that  the  Commission  should  have  the 
most  ample  powers  for  purposes  of  investiga 
tion  and  supervision,  and  for  making  rules  and 
orders,  which  will  enable  it  to  deal  to  the  full 
est  extent  possible,  within  constitutional  limits, 
with  interstate  transportation  in  all  its  phases. 

This  is  a  just  policy.  The  power  of  Con 
gress  to  fix  rates  for  interstate  transportation 
so  as  to  prevent  improper  discriminations  and 
to  compel  carriage  upon  reasonable  terms  is 
undoubted.  The  sole  question  is  how,  and 
under  what  circumstances,  it  shall  be  exercised. 
But  it  is  manifestly  impossible  for  the  legisla 
tive  body,  on  account  of  the  conditions  under 
which  it  works,  to  make  that  thorough  exami 
nation  of  specific  cases  which  in  justice  must 
precede  action.  It  may  establish  general 
standards  of  conduct,  but  the  exigencies  of 
particular  cases  can  be  met  only  by  the  pains- 


New  York,  January  31,  1908        55 

taking  consideration  of  an  administrative 
board.  The  alternative  to  this  policy  is  either 
the  abandonment  of  regulation  or  sporadic 
legislative  intervention  under  the  influence  of 
agitation  and  almost  necessarily  without  proper 
examination  of  the  facts  or  recognition  of  the 
different  requirements  of  varied  situations. 
No  one  can  properly  complain  because  legal 
machinery  is  provided  for  the  rectification  of 
abuses.  And  the  aim  should  be  to  make  the 
machinery  adequate  to  the  purpose  of  provid 
ing  redress  for  every  grievance  and  to  insist 
upon  standards  of  administration  which  will 
secure  intelligent  and  patient  inquiry  and 
impartial  enforcement  of  the  law. 

The  Sherman  Anti-trust  Act  should  be  clari 
fied  and  made  more  explicit.  The  law  may  be 
made  stronger  and  more  effective  by  being 
made  more  definite.  Sweeping  condemnations, 
of  uncertain  meaning,  do  not  aid  but  rather 
embarrass  the  prosecution  of  those  who  are 
guilty  of  pernicious  practices.  Combinations 
and  practices  in  unreasonable  restraint  of  trade 
and  which  menace  the  freedom  of  interstate 
commerce  should  be  condemned  in  precise 
terms.  At  the  same  time  provision  may  well 
be  made  for  joint  agreements,  under  proper 
circumstances,  as  to  railroad  rates,  which  should 


56  Charles  Evans  Hughes 

be  subject  to  the  approval  of  the  Interstate 
Commerce  Commission. 

Various  means  have  been  suggested  —  of 
doubtful  validity  and  still  more  doubtful  utility 
— to  prevent  oppression  through  the  conduct 
of  large  enterprises,  and  to  secure  the  enforce 
ment  of  the  law  against  illegal  attempts  to 
monopolize  and  the  various  devices  resorted 
to  in  unlawful  restraint  of  trade.  In  my  judg 
ment,  the  most  effective  course  is  explicit 
definition  of  what  is  wrong  and  adequate 
punishment  of  the  guilty.  Such  laws,  like  laws 
in  general  which  are  definite  and  supported 
by  public  sentiment,  are  to  a  very  large  extent 
self-executing.  That  is,  they  are  generally 
obeyed. 

I  am  not  in  favor  of  punishment  in  the  shape 
of  fines  upon  corporations,  except  for  minor 
offences.  The  burden  of  fines  imposed  upon 
such  corporations  is  either  transferred  to  the 
public  or  is  borne  by  stockholders,  the  innocent 
as  well  as  the  guilty.  Nor  am  I  impressed  by 
the  argument  that  American  juries  will  gen 
erally  be  indisposed  to  convict  where  the  evi 
dence  is  clear,  because  the  crime  is  punished 
by  imprisonment  of  the  offenders.  But  if  the 
law  be  definite  and  the  evidence  warrants  the 
presentation  of  the  case  to  the  jury,  it  is  better, 


New  York,  January  31,  1908        57 

in  my  judgment,  that  the  responsibility  for 
failure  to  convict  should  lie  with  the  jury  than 
that  conviction  should  be  followed  by  penalties 
which  are  either  inadequate  or  bear  unjustly 
upon  those  who  have  had  no  complicity  in  the 
offence. 

I  believe  in  a  protective  tariff.  It  is  an  es 
tablished  policy.  Our  opponents  would  not 
undertake  to  present  to  the  voters  of  the 
country  the  issue  of  free  trade. 

A  protective  tariff  is  essential  to  the  interests 
of  our  wage-earners,  in  that  it  makes  possible 
the  payment  of  wages  on  the  scale  to  which 
we  are  accustomed  in  this  country  and  thus 
maintains  our  American  standards  of  living. 
Hence  the  difference  in  the  cost  of  produc 
tion  here  and  abroad  is  the  fundamental 
consideration. 

But  I  do  not  believe  in  making  this  policy 
a  cover  for  exorbitant  rates  or  for  obtaining 
special  privileges  from  the  government  which 
are  not  based  upon  consideration  of  the  gen 
eral  welfare.  I  believe  that  the  tariff  should 
be  revised.  And  in  order  to  effect  whatever 
readjustment  may  be  necessary  to  make  the 
tariff  schedules  consistent  with  the  principles 
underlying  the  protective  policy,  I  favor  the 
appointment  of  an  expert  commission,  so  that 


58  Charles  Evans  Hughes 

the  facts  may  be  ascertained  without  delay  and 
that  Congress  may  dispose  of  the  matter  in 
the  fairest  possible  manner. 

So  far  as  the  matter  is  within  the  power  of 
Congress,  the  interests  of  labor  should  be  safe 
guarded  and  the  conditions  of  labor  improved. 
I  am  in  favor  of  the  enactment  of  a  law  aptly 
expressed,  to  apply  exclusively  to  interstate 
commerce,  which  would  embody  the  princi 
ples  of  the  employers'  liability  bill  recently 
declared  unconstitutional  because  too  broad. 
I  also  approve  the  laws  which  have  been 
enacted  with  regard  to  safety  appliances  and 
hours  of  labor  in  railroad  service.  The  matter 
of  railroad  accidents  deserves  special  investi 
gation,  and  every  effort  should  be  made  to 
obtain  adequate  information  which  will  lead 
to  appropriate  measures  for  the  protection  of 
life  and  limb. 

Wherever  the  government  comes  into  direct 
relation  to  labor,  proper  conditions  with  regard 
to  hours,  wages,  safety,  and  compensation  for 
accidents  should  be  provided. 

With  regard  to  the  Filipinos,  we  are  placed 
under  the  most  sacred  obligations.  In  justice 
to  them  and  in  justice  to  ourselves,  we  must 
omit  no  effort  to  prepare  them  for  self-govern 
ment.  When  they  are  able  to  govern  them- 


New  York,  January  31,  1908        59 

selves  and  are  in  a  position  to  maintain  their 
independence,  the  American  people  will  not 
deny  them  the  boon  which  we  ourselves  have 
so  highly  prized.  In  the  meantime,  the  work  of 
education  and  training  must  proceed,  and 
everything  that  can  be  done  consistently  with 
the  interests  of  our  own  people  must  be  done 
to  promote  their  prosperity. 

We  are  devoted  to  the  interests  of  peace 
and  we  cherish  no  policy  of  aggression.  The 
maintenance  of  our  ideals  is  our  surest  protec 
tion.  It  is  our  constant  aim  to  live  in  friend 
ship  with  all  nations  and  to  realize  the  aims  of 
a  free  government  secure  from  the  interrup 
tions  of  strife  and  the  wastes  of  war.  It  is 
entirely  consistent  with  these  aims,  and  it  is 
our  duty,  to  make  adequate  provision  for  our 
defence  and  to  maintain  the  efficiency  of  our 
Army  and  Navy.  And  this  I  favor. 

Within  the  limits  of  this  address,  it  has  been 
possible  to  touch  on  only  a  few  subjects  which 
from  a  National  standpoint  are  worthy  of  con 
sideration.  But  I  have  endeavored  to  say 
enough  to  give  suitable  information  of  my 
attitude. 

We  have  no  problems  that  cannot  be  solved. 
Our  citizens  are  intelligent  and  alert.  There 
are  fresh  evidences  daily  of  quickened  public 


60  Charles  Evans  Hughes 

spirit.  The  conscience  of  the  people  has  been 
aroused  and  their  common  sense  is  not  im 
paired.  Through  the  lavish  provision  for 
education  and  technical  training,  the  un. 
exampled  opportunities  for  cultivation  and 
enjoyment,  and  the  varied  efforts  of  philan 
thropy,  we  are  making  steady  progress  in  the 
improvement  of  the  conditions  of  our  life. 

I  do  not  believe  in  arbitrary  action.  We 
desire  prosperity.  We  are  anxious  that  there 
should  be  fair  opportunities  for  all  the  work 
ers  of  the  land,  for  the  extension  of  industry 
and  commerce,  and  that  there  should  be  the 
widest  diffusion  of  blessings  among  a  con 
tented  people. 

To  attain  these  ends,  the  rule  of  the  people 
must  be  the  rule  of  reason  and  every  effort 
must  be  dominated  by  the  sense  of  justice. 
We  must  be  patient,  impartial,  and  thorough  ; 
investigation  must  precede  action  ;  good-will 
must  displace  passion  ;  and  the  sole  motive 
must  be  to  seek  the  truth  and  to  do  the  right. 

Fellow  Republicans :  I  do  not  come  before 
you  in  any  spirit  of  rivalry  or  self-seeking. 
There  are  many  Republicans  who  by  virtue  of 
their  character  and  distinguished  services  are 
worthy  of  the  highest  honor  the  party  can  be 
stow.  I  ask  no  favor  and  I  make  no  claim.  I 


New  York,  January  31,  1908        61 

desire  that  the  party  shall  act  for  its  best 
interest. 

We  must  not  underestimate  the  labors  of 
the  next  campaign.  It  will  be  a  hard-fought 
battle.  We  cannot  expect  victory  unless  we 
are  united,  and  nothing  should  be  done  to 
imperil  success  in  this  State.  I  appeal  to  you, 
in  the  name  of  the  party  to  which  you  are  all 
loyal,  to  forget  every  personal  difference  and 
to  make  the  work  which  precedes  the  conven 
tion  a  fitting  preparation  for  the  united  effort 
which  later  will  be  essential. 

And  let  us  not  forget  that  the  Republican 
party  does  not  exist  for  itself.  Our  efforts  on 
its  behalf  are  justified  by  our  conviction  that 
through  the  party  we  may  render  patriotic 
service  to  the  nation.  Let  this  thought  domi 
nate  our  activities  and  love  of  country  be  the 
inspiration  and  the  motive  of  every  partisan 
effort. 


VII. 

Address  at  the  Union  League  Club  Meet 
ing  in  the  Auditorium  at  Chicago, 
Saturday,  February  22,  1908. 

This  day  has  summoned  us  to  render  grate 
ful  tribute  to  supreme  patriotic  service.  With 
the  progress  of  the  years  and  the  development 
of  our  National  life  swells  the  obligation  to 
him  through  whose  military  genius  independ 
ence  was  won  and  through  whose  statesman 
ship  the  foundations  of  the  National  structure 
were  securely  laid. 

But  we  do  not  simply  commemorate  vic 
tories,  even  though  they  advanced  a  noble 
cause.  We  do  not  gather  merely  to  praise 
tactics  of  strategy  or  daring,  however  brilliant 
the  exploit  or  notable  the  result.  Nor  is  it 
the  skill  of  statecraft  only  which  commands 
our  homage.  These  may  have  their  appropri 
ate  recognition.  But  this  day  has  a  deeper 
import.  The  victories  of  war  and  the  leader 
ship  of  peace  were  alike  glorified  by  the 

character  of  the  victor  and  leader. 

62 


Chicago,  February  22,  1908        63 

We  venerate  Washington  because  in  su 
preme  test  he  vindicated  manhood.  The 
standards  of  liberty  were  unsullied  in  his 
hands.  Whether  amid  the  hardships  of  long 
and  discouraging  campaigns  or  in  the  hours 
of  triumph,  whether  as  burden-bearer  or  idol 
of  the  people,  he  invariably  exhibited  the 
same  purity  of  motive,  the  same  patriotic 
devotion.  Against  all  that  is  sordid  and  mean, 
against  all  that  is  petty  and  unworthy,  against 
the  ignoble  contrivances  and  manipulations  of 
the  cunning  and  the  artful,  against  the  graspings 
of  avarice  and  the  schemings  of  selfishness, 
against  every  effort  to  make  power  and  office 
contribute  to  personal  gain,  against  all  that  is 
or  has  been  hateful  and  harmful  in  our  politi 
cal  life,  stands  in  majestic  contrast  the  char 
acter  of  Washington, — an  example  and  a 
benediction,  a  treasury  of  memory  and  a  secur 
ity  of  hope, — a  character,  the  revelation  of 
which  ennobled  humanity  and  enriched  the 
world. 

The  lesson  of  this  life  may  be  wholly  missed 
by  those  who  call  with  pride  the  battle-roll  of 
the  Revolution  or  who  recount  his  distinctions 
and  offices.  It  may  make  but  slight  impres 
sion  upon  those  who  in  the  conventional  man 
ner  exult  in  his  deeds.  It  is  a  lesson  we  must 


64  Charles  Evans  Hughes 

all  take  to  heart  if  we  are  to  realize  American 
ideals.  It  is  the  lesson  of  the  supremacy  of 
duty.  It  is  the  lesson  of  honor, — of  fidelity 
to  trust.  It  must  be  enforced  in  executive 
chambers,  in  legislative  halls,  in  courts  of  jus 
tice,  in  newspaper  offices,  in  banks,  in  trust 
and  insurance  companies,  in  professional  and 
commercial  life,  in  the  marts  of  trade,  in  the 
counting-room,  and  in  the  shop,  by  employer 
and  employed. 

There  is  no  legislative  road  to  character. 
If  the  spirit  of  Washington  could  permeate 
our  public  and  private  life,  we  should  neither 
need  nor  seek  governmental  panacea.  And  it 
is  only  in  so  far  as  in  fact  this  spirit  imbues 
administration  that  the  government  of  a  free 
people  can  perform  its  function.  We  shall 
largely  lose  the  value  of  the  celebrations  of 
this  day  if  we  give  our  thought  exclusively  to 
questions  of  governmental  policy  and  omit 
to  emphasize  the  moral  sources  from  which  a 
just  government  must  derive  its  strength. 

Washington  did  not  seek  power  or  prefer 
ment.  The  sense  of  responsibility  outweighed 
the  appreciation  of  distinction.  When  he  was 
appointed  to  the  command  of  the  Continental 
forces  he  wrote  to  the  President  of  Congress : 

"  Though  I  am  truly  sensible  of  the  high  honor  done 


Chicago,  February  22,  1908        65 

me  in  this  appointment,  yet  I  feel  great  distress  from  the 
consciousness  that  my  abilities  and  military  experience 
may  not  be  equal  to  the  extensive  and  important  trust. 
However,  as  the  Congress  desire  it,  I  will  enter  upon  the 
momentous  duty  and  exert  every  power  I  possess  in  the 
service  for  the  support  of  the  glorious  cause.  ...  As 
to  pay,  Sir,  I  beg  leave  to  assure  the  Congress  that  as 
no  pecuniary  consideration  could  have  tempted  me  to 
accept  this  arduous  employment  at  the  expense  of  my 
domestic  ease  and  happiness,  I  do  not  wish  to  make 
any  profit  from  it.  I  will  keep  an  exact  account  of  my 
expenses.  Those  I  doubt  not  they  will  discharge,  and 
that  is  all  I  desire." 

With  tenacity  of  purpose  that  has  never 
been  excelled,  and  an  unconquerable  spirit,  he 
addressed  himself  to  his  task  ;  and  when,  after 
years  of  struggle,  victory  was  won,  he  scorned 
the  temptations  of  power  and  yearned  for 
peaceful  retirement.  Perils  could  not  terrify 
him  ;  defeat  could  not  dishearten  him ;  exer 
tion  did  not  exhaust  him.  Nor  could  success 
undermine  him  or  victory  disturb  his  poise. 
Duty  never  made  her  imperious  demands  upon 
him  in  vain.  But  that  he  should  turn  an 
opportunity  for  service  or  the  advantages  of 
performance  to  his  personal  gain,  was  to  him 
unthinkable. 

When  prompted  by  the  discontent  of  an 
army  which  despite  its  victories  Congress  neg 
lected,  the  suggestion  that  his  successes  and 


66  Charles  Evans  Hughes 

prestige  might  enable  him  by  the  exercise  of 
monarchial  power  to  establish  a  firm  and  just 
government,  he  replied  :  "  Let  me  conjure  you, 
if  you  have  any  regard  for  your  country,  con 
cern  for  yourself  or  posterity,  or  respect  for 
me,  to  banish  these  thoughts  from  your  mind 
and  never  communicate  as  from  yourself  or 
any  one  else,  a  sentiment  of  the  like  nature." 

Ending  his  military  labors,  he  expected,  as 
he  told  his  friends,  to  "  move  gently  down  the 
stream  of  life  until  he  slept  with  his  fathers." 
And  when,  after  the  adoption  of  the  Constitu 
tion,  he  was  called  as  the  head  of  the  new 
government  to  the  constructive  labors  of  peace, 
he  manifested  the  same  modest  dignity  and 
the  same  patriotic  devotion  which  characterized 
him  when  he  had  taken  command  of  the  army. 
As  he  said:  "When  I  had  judged,  upon  the 
best  appreciation  I  was  able  to  form  of  the 
circumstances  which  related  to  myself,  that  it 
was  my  duty  to  embark  again  on  the  tem 
pestuous  and  uncertain  ocean  of  public  life,  I 
gave  up  all  expectations  of  private  happiness 
in  this  world."  And  through  the  two  terms 
of  service  that  followed,  but  one  purpose  ran  ; 
and  that  was  firmly  to  establish  the  govern 
ment  and  to  leave  nothing  undone  upon  his 
part  which  could  promote  the  welfare  of  his 


Chicago,  February  22,  1908         67 

fellow  citizens.  He  bequeathed  to  his  country 
men  the  priceless  memory  of  service  of  ex 
traordinary  beneficence  which  had  in  it  no 
alloy  of  self-seeking  or  base  motive. 

Intelligent  comparison  of  the  conditions  of 
this  day  with  those  in  times  past  cannot  fail 
to  cause  gratification  and  to  beget  confidence. 
The  evils  which  we  lament  should  not  blind 
us  to  the  progress  which  has  been  made  and 
is  being  made. 

In  the  throes  of  the  revolutionary  struggle, 
when  it  would  be  supposed  that  the  supreme 
cause  of  liberty  and  the  valor  and  sacrifices  of 
great  leaders  would  inflame  all  hearts  with 
patriotic  ardor,  Washington  in  an  outburst  of  in 
dignation  at  the  indifference  and  venality  which 
in  fact  were  exhibited,  thus  described  the  times 
in  a  letter  to  Benjamin  Harrison  in  December, 
1778: 

"  If  I  was  to  be  called  upon  to  draw  a  picture  of  the 
times  and  of  Men,  from  what  I  have  seen,  and  heard, 
and  in  part  know,  I  should  in  one  word  say  that  idleness, 
dissipation  &  extravagance  seems  to  have  laid  fast  hold 
of  most  of  them.  That  speculation — peculation — and 
an  insatiable  thirst  for  riches  seems  to  have  got  the  better 
of  every  other  consideration  and  almost  of  every  order 
of  Men." 

And  about  a  year  later  he  exclaimed  : 


68  Charles  Evans  Hughes 

"  But  alas,  virtue  and  patriotism  are  almost  kicked  out ! 
Stock  jobbing,  speculation,  engrossing,  etc.,  etc.,  seems 
to  be  the  great  business  of  the  day  &  of  the  multitude, 
whilst  a  virtuous  few  struggle,  lament  &  suffer  in  silence, 
though  I  hope  not  in  vain." 

They  did  not  suffer  in  vain;  and  through 
their  labors  and  under  the  beneficent  working 
of  the  institutions  which  they  founded  each 
generation  has  attained  higher  levels  in  char 
acter  and  achievement.  The  "  cordial,  habit 
ual,  and  immovable  attachment"  for  the 
Union  has  come  to  be  cherished  as  Washing 
ton  desired.  The  name  of  "  American,"  as 
he  ardently  wished,  does  "exalt  the  just  pride 
of  patriotism  more  than  any  appellation  de 
rived  from  local  discriminations."  A  vast 
development,  an  interweaving  of  interests,  and 
a  facility  of  communication  of  which  he  could 
not  even  dream,  have  given  rise  to  a  National 
sentiment  which  is  intense  and  dominating  in 
every  part  of  the  Union. 

The  country  is  morally  sound.  Its  stand 
ards  of  business  were  never  higher.  In  this 
land  of  industry  with  unexampled  opportuni 
ties  for  production  and  exchange,  with  an  area 
and  a  population  enjoying  advantages  of  dis 
tribution  free  from  artificial  barriers  of  inter 
course  such  as  the  world  has  never  seen,  the 


Chicago,  February  22,  1908        69 

men  of  business  inevitably  represent  the  intel 
ligence  and  moral  sentiment  of  the  people. 
They  do  not  constitute  a  caste.  They  come 
from  every  walk  in  life  :  from  the  farm,  the 
college,  the  counting-room,  and  the  shop. 
They  represent  every  element  in  the  popula 
tion,  native  and  foreign  born,  of  every  degree 
of  advantage  and  disadvantage  in  origin  and 
environment.  Every  stimulus  to  ambition, 
every  precept  of  morality,  every  counsel  of 
experience,  every  success  and  every  disaster, 
every  lesson  of  the  past,  and  the  multiform 
warnings  of  a  world  where  truth  and  justice 
alone  win  lasting  victories,  have  helped  to 
shape  their  standards  and  to  determine  their 
aims.  And  making  all  allowance  for  the  ex 
tremes  of  avarice  and  artifice,  for  the  unwhole 
some  spectacles  of  exploitation  and  infidelity 
to  trust,  without  blinking  any  evil  or  glossing 
over  any  wrong,  the  fact  remains  that  the  busi 
ness  men  of  the  country  are  for  the  most  part 
honest  men,  representing  fairly  the  moral 
standards  of  the  people.  And  never  more 
than  to-day  have  they,  taken  as  a  whole,  earn 
estly  desired  that  abuses  shall  be  stopped,  that 
an  end  be  put  to  corrupt  dealings  and  unfair 
practices,  that  gambling  shall  not  parade  in 
business  livery,  and  that  American  industry 


70  Charles  Evans  Hughes 

and  trade  shall  have  free  scope  for  develop 
ment  and  extension  along  the  lines  of  honor 
able  rivalry  and  with  justice  to  stockholders,  to 
employees,  and  to  the  people  at  large. 

There  is  a  temporary  slowing  down  of  the 
wheels  of  industry.  Amid  uncertainty  and 
hesitation,  enterprise  waits  impatient.  Men 
in  large  numbers  are  unemployed  who  should 
be  employed,  and  new  undertakings  and  ex 
tensions  of  existing  plants,  which  would  pro 
vide  further  opportunities  for  labor,  are  not 
going  forward  as  they  should  go  forward.  The 
interests  of  industry  are  not  the  interests  of  a 
class,  but  of  all  of  the  people.  What  the  rich 
man  feels  in  the  reduction  of  the  value  of  his 
securities,  what  those  dependent  upon  the  re 
turns  from  investments  feel  in  the  impairment 
of  their  income,  the  wage-earner  feels  still 
more  acutely  as  business  contracts  and  the  loss 
of  employment  confronts  him  with  starvation 
save  as  charity,  hateful  to  his  self-respect,  may 
interpose.  It  is  well  to  trace  the  economic 
causes  which  have  produced  this  condition,  and 
needed  readjustments  must  be  made. 

But  it  is  absolutely  essential  that  we  should 
have  the  tonic  of  a  wholesome  confidence. 
Not  the  confidence  of  ignorance  or  indiffer 
ence,  blind  to  wrong  and  deaf  to  appeals 


Chicago,  February  22,  1908         71 

against  injustice,  but  the  confidence  which  is 
inspired  by  the  vision  of  the  forces  of  right  and 
a  just  appreciation  of  our  material  and  moral 
strength.  Pessimists  and  cynics  cannot  de 
velop  this  country.  We  must  have  confidence 
in  the  stability  of  our  institutions,  in  the  sanity 
of  the  people,  and  in  their  realization  of  what 
underlies  our  prosperity.  We  must  take  ac 
count  of  progress  in  education  ;  the  dissemina 
tion  of  information  ;  the  increased  capacity  for 
discriminating  judgments  ;  the  uplifting  power 
of  the  myriad  efforts  which  in  every  community 
make  for  better  living  and  higher  standards  of 
conduct.  We  are  far  from  perfect,  and  it  is 
well  that  we  should  be  stirred  by  the  daily 
revelations  of  weakness  and  of  vice.  But  there 
is  no  occasion  for  misgiving.  To  distrust  the 
future  in  this  land  of  opportunity,  of  educa 
tional  privileges  so  eagerly  seized,  of  moral 
influences  so  widespread  and  effective,  is  to 
despair  of  humanity  itself.  Here,  progress 
is  the  child  of  aspiration  wedded  to  common 
sense.  Let  us  dismiss  vague  alarms  and  go 
forward  with  calm  confidence  in  the  integrity 
and  destiny  of  the  American  people. 

We  have  only  begun  to  develop  the  com 
merce  of  this  country.  The  realization  of 
its  possibilities  awaits  improvements  which 


72  Charles  Evans  Hughes 

we  must  undertake  in  a  systematic  manner. 
Washington  with  his  usual  farsightedness  was 
deeply  interested  in  the  development  of  facili 
ties  of  communication  for  the  purpose  of  pro 
moting  commercial  intercourse  and  creating 
community  of  interest.  Repeatedly  he  out 
lined  schemes  of  internal  improvements  and 
connection  of  waterways,  and  the  Chesapeake 
and  Ohio  Canal  had  its  origin  in  these  projects 
which  were  never  absent  from  his  thought. 
My  own  State  has  ever  appreciated  the  im 
portance  of  work  of  this  description,  to  which 
the  Erie  Canal  bears  witness.  And  it  is  now 
engaged  in  a  stupendous  undertaking  of  canal 
improvement,  the  intelligent  and  efficient  pros 
ecution  of  which  is  of  serious  consequence  to 
our  commercial  interests.  But  while  here  and 
there  much  has  been  done,  there  has  been 
wanting  a  realization  of  the  need  of  a  compre 
hensive  plan  for  the  improvement  of  inland 
waterways  from  the  standpoint  of  National 
interest.  President  Roosevelt,  with  his  keen 
desire  to  advance  the  National  interests  and 
his  usual  force,  has  emphasized  this,  and  we 
may  be  said  to  be  entering  upon  a  new  era  of 
commercial  development.  We  take  just  pride 
in  our  present  enterprise  and  achievements, 
but  we  may  believe  that  the  commerce  of  the 


Chicago,  February  22,  1908         73 

future  will  as  far  exceed  that  of  the  present  as 
the  varied  production,  the  vast  extent  of  com 
mercial  exchanges,  and  the  means  of  communi 
cation  of  to-day  transcend  the  hopes  and  even 
the  dreams  of  Washington. 

This  is  no  time  for  discouragement  or  halt 
ing,  but  for  appreciation  of  American  oppor 
tunity,  and  for  that  intelligent  and  united 
effort  by  which  alone  we  can  avail  of  it  and 
deserve  the  blessings  of  posterity. 

To  support  this  confidence  and  to  gain  these 
ends  we  must  have  a  settled  governmental 
policy.  And  it  must  be  a  right  policy. 

It  must  be  a  policy  consistent  with  the 
genius  of  our  institutions.  The  people  of  this 
country  do  not  desire  Socialism  even  as  an 
experiment.  They  do  not  propose  to  pass 
through  a  dreadful  "  quarter  of  an  hour"  of 
revolutionary  changes  to  satisfy  themselves  of 
those  imperfections  of  human  nature  of  which 
they  are  already  well  apprised,  and  which 
make  impossible  the  permanent  constitution 
of  society  in  accordance  with  socialistic  theory. 
We  must  make  progress  and  it  must  be  steady 
and  consistent,  conserving  what  is  good  and 
safeguarding  the  opportunities  for  honest 
effort.  Otherwise  gains  will  be  offset  by  un 
necessary  losses  and  expert  accountants  may 


74  Charles  Evans  Hughes 

search  in  vain  for  a  credit  balance.  We  may 
accomplish  needed  reforms  by  making  our  in 
stitutions  work  as  they  were  intended  to  work, 
and  by  effecting,  in  the  light  of  the  benefits 
thus  secured,  such  changes  as  experience 
may  commend  and  deliberate  judgment  may 
approve. 

It  must  be  a  policy  consistent  with  our 
constitutional  limitations  and  distribution  of 
powers.  These  are  the  words  of  Washington 
in  his  Farewell  Address  : 

"  This  government,  the  offspring  of  our  own  choice  un 
influenced  and  unawed,  adopted  upon  full  investigation 
and  mature  deliberation,  completely  free  in  its  principles, 
in  the  distribution  of  its  powers,  uniting  security  with 
energy,  and  containing  within  itself  a  provision  for  its 
own  amendment,  has  a  just  claim  to  your  confidence  and 
your  support.  Respect  for  its  authority,  compliance  with 
its  laws,  acquiescence  in  its  measures,  are  duties  enjoined 
by  the  fundamental  maxims  of  true  liberty.  The  basis 
of  our  political  systems  is  the  right  of  the  people  to  make 
and  to  alter  their  constitutions  of  government.  But  the 
Constitution  which  at  any  time  exists  'till  changed  by  an 
explicit  and  authentic  act  of  the  whole  people,  is  sacredly 
obligatory  upon  all." 

There  are,  of  course,  borderlands  where  the 
line  of  demarcation  between  Federal  and  State 
authority  has  not  been  clearly  defined  by  judi 
cial  decision.  The  content  of  grants  of  power 


Chicago,  February  22,  1908         75 

has  been  better  appreciated  as  the  course 
of  experience  has  revealed  the  importance  of 
the  grants  and  their  application  to  National 
exigencies.  Differences  of  opinion  undoubt 
edly  exist,  as  they  will  continue  to  exist, — 
influenced  by  differences  of  viewpoint  and  of 
political  and  economic  theory, — with  regard  to 
the  extent  of  Federal  powers  under  the  great 
clauses  of  the  Constitution.  These  differences 
must  be  resolved,  and  for  that  purpose  we 
have  a  final  arbiter  in  the  Supreme  Court. 
Let  such  matters  be  frankly  debated  with  a 
clear  understanding  on  the  part  of  the  people 
as  to  the  manner  in  which  they  must  be  de 
cided.  We  secure  our  peace  and  confidence 
by  loyal  acceptance  of  the  decisions  of  our 
umpires.  Wherever  constitutional  provision  is 
clear  in  its  application  or  has  been  construed 
authoritatively  we  must  avoid  confusion  by 
recognizing  the  fact  and  direct  our  plans  ac 
cordingly,  unless  and  until  a  change  be  effected 
in  the  manner  which  the  Constitution  provides. 
We  should  not  expect  from  the  Nation  what 
the  States  alone  can  give ;  nor  because  a 
National  remedy  is  denied  for  want  of  Federal 
power  should  we  fail  to  insist  upon  the  exer 
cise  of  the  power  which  resides  in  our  State 
governments. 


76  Charles  Evans  Hughes 

By  making  our  institutions  work  in  the  way 
in  which  they  were  intended  to  work,  I  mean 
that  we  should  secure  the  maximum  efficiency 
in  both  State  and  Federal  administration  to 
the  end  that  every  matter  of  National  concern 
and  every  matter  of  local  concern  shall  receive, 
by  the  appropriate  exercise  of  the  powers  of 
each  jurisdiction,  that  full  consideration  and 
necessary  remedial  action  by  which  wrongs, 
both  National  and  local,  may  be  completely 
redressed. 

What  then,  under  these  conditions,  are  some 
of  the  important  features  of  the  policy  which 
will  support  our  confidence  and  insure  our 
stability  ? 

Special  interests  must  keep  their  hands  off 
the  government  in  city,  State  and  Nation.  The 
common  welfare  must  be  the  supreme  law. 
The  lobbies  which  have  been  maintained  in 
legislative  halls,  the  efforts  to  pervert  ad 
ministration  by  securing  the  service  for  par 
ticular  interests  of  those  who  pose  as  the 
servants  of  the  people,  the  corruption  of  the 
sole  means  by  which  the  people  can  express 
their  will,  have  been  the  effective  causes  of 
distrust  in  government  and  furnish  the  most 
serious  pretext  for  assaults  upon  our  institu 
tions.  Every  attempt  of  this  sort  which  has 


Chicago,  February  22,  1908         77 

proved  successful  has  sown  the  seeds  of  dis 
content  which  argument  finds  it  difficult  to 
allay.  The  people  do  not  discriminate  with 
ease  between  the  word  and  the  speaker.  They 
will  not  listen  to  the  voice  of  reason  if  it  pro 
ceeds  from  the  mouth  of  the  briber  or  the 
bribed.  They  who  would  have  sanity  of  judg 
ment  and  reasonable  solution  of  difficult  ques 
tions  should  see  to  it  that  they  do  not  stir 
the  people  to  indignation  by  the  corruption  of 
representative  government.  They  must  trust 
the  people  and  rely  upon  their  good  faith  and 
sense  of  justice.  In  the  long  run  they  will  not 
be  disappointed  if  they  themselves  keep  faith 
and  respect  the  institutions  whose  protection 
they  invoke. 

But  while  we  insist  upon  pure  administra 
tion  and  the  unselfish  fidelity  of  public  officers, 
we  must  visit  deserved  contempt  upon  those 
who  profit  by  indiscriminate  detraction  of  men 
in  public  life.  If  the  people  would  be  served 
faithfully  they  must  show  their  esteem  of  faith 
ful  service.  Otherwise  the  holding  of  public 
office  becomes  a  school  of  cynicism.  I  am 
glad  to  testify  to  the  many  whom  I  have  met 
in  public  life  whose  motives  and  whose  actions 
conform  to  the  best  standards.  Our  public 
service  is  far  more  wholesome  than  many 


78  Charles  Evans  Hughes 

people  think.  If  they  are  intent  upon  it 
and  just  in  criticism,  the  people  can  have  the 
representation  and  the  administration  that 
they  desire. 

Wherever  there  are  public  rights  in  forests, 
in  lands,  in  mines,  in  water  powers,  they  must 
be  safeguarded  and  protected  from  spoliation. 
Wherever  the  public  grants  a  privilege,  it  must 
be  upon  consideration  of  the  common  benefit 
and  under  conditions  which  insure  to  the  pub 
lic  a  proper  return  for  the  grant.  We  must 
guard  our  ranges,  our  coal  deposits,  our  public 
lands,  our  forest  treasures,  by  suitable  restric 
tions.  No  selfish  interest  must  be  permitted 
to  seize  with  covetous  hand  the  public  domain. 

It  must  also  be  taken  to  be  a  settled  policy 
that  there  shall  be  complete,  effective,  and 
just  supervision  of  our  railroads.  I  do  not 
believe  in  arbitrary  action  with  regard  to  these 
important  concerns  either  by  Congress  or  by 
State  legislatures  or  by  commissions.  The 
railroads  are  not  the  enemies  but  the  servants 
of  the  people.  To  secure  proper  service  they 
must  be  subject  to  regulation.  It  must  be 
taken  as  firmly  established  that  the  evils  of 
rebating  and  of  unjust  discrimination  will  not 
be  tolerated,  and  that  adequate  and  impartial 
service  upon  reasonable  terms  will  be  insisted 


Chicago,  February  22,  1908         79 

upon.  There  must  be  machinery  through 
which  public  obligations  as  defined  by  law 
may  be  enforced.  This  can  best  be  obtained 
through  an  administrative  board  such  as  the 
Interstate  Commerce  Commission.  The  ques 
tion  of  rates  must  be  determined  after  full 
consideration  of  all  pertinent  facts,  to  the  end 
that  the  requirements  of  impartiality  and  rea 
sonableness  may  be  complied  with,  while  at 
the  same  time  a  fair  return  to  the  owners  of 
the  property  may  be  assured.  Nothing  should 
be  lacking  in  administrative  powers  for  the 
attainment  of  these  objects. 

It  is  most  mischievous  to  permit  known 
abuses  to  remain  the  subject  of  general 
agitation  without  providing  proper  methods 
for  the  consideration  and  redress  of  specific 
grievances.  And  there  is  no  more  beneficial 
exercise  of  power  than  to  allay  distrust  by 
providing  administrative  means  for  investiga 
tion,  for  necessary  publicity,  and  the  even, 
constant,  and  just  enforcement  of  the  law. 

It  is  now  recognized  that  this  policy  is  im 
portant  to  the  railroads  as  well  as  to  the 
public.  In  promoting  fair  dealing  it  must 
prove  the  security  of  honorable  enterprise 

It  is  also  essential  that  there  should  be  effi 
cient  supervision  of  the  issue  of  securities  to 


8o  Charles  Evans  Hughes 

avoid  the  evils  of  inflation  and  of  over-capitaliza 
tion.  The  interests  of  the  public  and  of  stock, 
holders  must  be  guarded  against  the  imposition 
of  unjust  burdens  and  corrupt  manipulations. 
There  should  be  every  facility  for  the  pro 
vision  of  betterments,  for  desirable  extensions 
and  improvements.  The  action  of  government 
should  never  be  an  obstacle  in  the  way  of  in 
creasing  and  perfecting  service.  But  careful 
investigation  and  deliberate  action  under  laws 
aimed  to  secure  impartiality  and  open  dealing 
provide  a  guaranty  with  which  neither  the 
railroads  nor  the  public  can  afford  to  dispense. 
Other  problems  are  presented  with  reference 
to  industrial  corporations.  There  are  in  exist 
ence  plants  which  make  useful  articles  of  com 
merce.  They  employ  thousands  of  workmen. 
We  need  the  commodities.  The  workmen 
need  the  employment.  We  wish  to  see  Ameri 
can  industry  expand.  We  desire  every  ad 
vantage  of  economic  organization  ;  every  just 
opportunity  for  the  display  of  talent  and 
inventive  skill ;  every  possible  improvement  in 
the  processes  of  manufacture  ;  everything — in 
short — which  enhances  the  opportunities  of 
labor  and  its  fruitful  employment  at  good 
wages  and  which  develops  and  encourages 
trade. 


Chicago,  February  22,  1908         81 

At  the  same  time  we  desire  to  put  an  end 
to  unfair  practices,  unjustifiable  preferences, 
and  oppressive  proceedings  by  which,  apart 
from  proper  economic  advantages  or  superior 
skill  in  industry,  rivals  are  barred  from  equal 
opportunities  and  thrust  out  of  the  way  or 
destroyed.  This  country  is  full  of  men  with 
a  talent  for  industry.  They  are  entitled  to  a 
fair  show.  No  one  can  complain  if  his  rival 
has  a  larger  factory,  greater  skill  in  manage 
ment,  more  economical  processes,  or  turns  out 
better  wares.  But  in  a  free  country  it  is  in 
tolerable  that  one  should  be  denied  equal 
access  to  markets  by  discriminating  rates  or 
allowances,  or  that  he  should  be  the  victim  of 
a  conspiracy  to  deprive  him  of  his  business,  or 
that  he  should  be  crushed  by  the  misuse  of 
large  aggregations  of  capital  in  unfair  com 
petition.  Nor  should  a  premium  be  placed 
upon  such  practices,  or  an  incentive  be  given 
to  extortion,  by  permitting  the  piling  up  of 
securities  which  do  not  fairly  represent  value 
and  upon  which  returns  cannot  be  earned  by 
fair  means. 

To  meet  these  objects,  and  to  prevent  op 
pression  and  extortion,  it  is  not  necessary  that 
business  should  be  involved  in  uncertainty  or 
that  legitimate  effort  should  be  handicapped. 


82  Charles  Evans  Hughes 

The  enforcement  of  just  laws  has  no  terrors 
for  legitimate  business. 

But  laws,  State  and  Federal,  should  be  as 
definite  as  possible,  and  should  apply  with  be 
coming  precision  to  the  practices  sought  to  be 
reached.  It  was  seven  years  after  the  Sher 
man  Act  was  passed  before  it  was  determined 
that  it  applied  to  railroads.  It  was  nine  years 
before  it  received  illuminating  construction  in 
the  Addyston  case.  The  courts  have  been  put 
to  unnecessary  labor  in  endeavoring  to  ascer 
tain  what  Congress  meant.  It  has  long  been 
found  inadvisable  to  attempt  a  precise  defini 
tion  of  fraud,  and  it  is  impossible  in  any  statute 
to  describe  to  the  last  degree  of  certitude  the 
cases  which  should  fall  within  the  purview  of 
its  clear  intent.  But  it  is  possible  and  ad 
visable  in  dealing  with  this  subject  that  there 
should  be  a  more  explicit  and  appropriate 
statement  than  we  now  have  in  the  Sherman 
Act ;  that  fair  agreements  as  to  railroad  rates 
which  may  receive  the  approval  of  the  Inter 
state  Commerce  Commission,  and  that  associ 
ations  and  agreements  for  reasonable  and 
obviously  proper  purposes  should  not  be  in 
cluded  in  a  sweeping  condemnation  ;  that  it 
should  point  with  a  more  definite  aim  at  the 
evils  which  afflict  interstate  commerce  and  for 


Chicago,  February  22,  1908        83 

which  it  is  in  the  power  of  Congress  to  provide 
a  remedy. 

The  evils  in  question  will  not  be  eradicated 
by  mere  changes  in  forms  of  organizations.  It 
does  not  make  very  great  difference  whether 
those  engaged  in  improper  enterprise  keep  its 
proceeds  in  one  pocket  or  in  three,  or  whether 
their  transactions  are  detailed  in  one  or  more 
sets  of  accounts.  The  way  to  get  rid  of  abuses 
is  to  attack  them  directly.  And  I  believe 
the  most  efficacious  means  is  definition  and 
proscription,  and  adequate  punishment  of 
offenders. 

The  justification  of  a  penalty  must  be  found 
in  either  its  punitive  or  its  deterrent  effect. 
In  their  punitive  aspect  penalties  cannot  be 
justified  unless  their  incidence  is  just.  In  their 
deterrent  aspect  they  cannot  be  justified  unless 
they  make  unlikely  a  repetition  of  the  offence. 
Fines  upon  corporations,  particularly  upon 
large  corporations  with  monopolistic  powers, 
are  just  from  neither  point  of  view.  They 
are  easily  transferred  to  the  public,  and  to  the 
extent  that  they  may  not  be,  they  are  borne 
by  stockholders  who  in  large  numbers  are 
without  knowledge  of  the  wrong  or  power  to 
prevent  its  commission.  They  do  not  satis 
factorily  act  as  a  deterrent,  because  they  involve 


84  Charles  Evans  Hughes 

merely  the  payment  of  money,  the  loss  of 
which  is  widely  shared  or  may  readily  be 
repaired. 

The  punishment  is  most  salutary  when 
visited  upon  the  guilty  individuals.  Few  men 
can  be  hired  to  go  to  jail.  And  if  offences 
which  public  sentiment  recognizes  to  be  of  a 
grave  character  are  punished  by  imprison 
ment,  the  law  is  more  likely  to  be  obeyed  and 
the  punishment  to  have  its  intended  effect. 

The  security  of  business  depends  upon  just 
and  definite  laws  and  their  impartial  enforce 
ment.  It  depends  upon  the  possibility  of  pre 
vision  and  of  a  reasonable  degree  of  certainty 
in  the  operations  of  trade.  The  business  men 
of  the  country  in  large  majority  desire  fair 
dealing  and  the  maintenance  of  the  standards 
of  honorable  business  conduct.  And  in  every 
just  endeavor  to  obtain  these  ends  we  may  be 
assured  that  we  shall  have  their  co-operation. 

We  cannot  on  this  day  afford  to  ignore  the 
sentiments  which  must  be  the  mainspring  of 
every  effort  of  democracy. 

We  do  not  exist  for  the  sake  of  National 
power  or  to  confer  upon  a  favored  few  the 
blessings  of  fortune.  Paltry  would  be  our  suc 
cess  if  we  could  simply  rival  in  National  great 
ness  the  despotisms  of  the  past  or  could  prove 


Chicago,  February  22,  1908         85 

only  by  the  prosperity  of  a  few  the  benefits  of 
a  free  government.  We  exist  that  there  may 
be  the  widest  possible  diffusion  of  opportunity 
and  prosperity.  In  our  legislation  and  admin 
istration  we  must  favor  no  class,  but  protect 
the  interests  of  all  our  citizens.  While  the 
Nation  may  devote  its  powers  to  this  end  so 
far  as  matters  are  within  Federal  control,  our 
State  governments  and  local  communities  must 
not  miss  their  great  opportunities.  In  the  use 
of  all  these  powers,  according  to  the  consti 
tutional  distribution,  for  the  development  of 
our  resources,  the  encouragement  of  agricul 
ture,  the  improvement  of  the  conditions  of 
labor,  and  the  safeguarding  of  the  freedom 
of  commerce,  we  shall  progress  toward  the 
attainment  of  the  aims  of  liberty. 

Let  us  realize  our  mutual  dependence  and 
rejoice  with  Washington,  not  in  power,  but  in 
service  ;  not  in  distinction,  but  in  duty  well 
performed ;  not  in  what  we  have  gained,  but  in 
what  we  have  given.  And  as  with  him  may 
"  the  benign  influence  of  good  laws  under  a 
free  government"  be  the  "ever  favorite  object 
of  our  hearts  and  the  public  reward  of  our 
mutual  cares,  labors,  and  dangers." 


II. 


Regulation  of  Public  Service 
Corporations 


' '  /  am  here  retained  by  the  people  of  the  State  of  New 
York  to  see  that  justice  is  done  and  with  no  disposition  to 
injure  any  investment,  but  with  every  desire  to  give  the 
fullest  opportunity  to  enterprise  and  with  every  purpose  to 
shield  and  protect  every  just  property  interest.  I  stand  for 
the  people  of  the  State  of  New  York  against  extortion, 
against  favoritism,  against  financial  scandal,  and  against 
everything  that  goes  to  corrupt  our  politics,  by  interference 
with  the  freedom  of  our  Legislature  and  administration.  1 
stand  for  honest  government  and  effective  regulation  by  the 
State  of  public -service  corporations." — From  Governor 
Hughes's  Speech  before  the  Elmira  Chamber  of  Com 
merce,  May  3,  1907. 


I. 

Message  to  the  Legislature,  January  2, 
1907,  Recommending  the  Passage  of 
a  Public-Service  Commissions  Law. 

Proper  means  for  the  regulation  of  the 
operations  of  railroad  corporations  should  be 
supplied.  For  want  of  it,  pernicious  favoritism 
has  been  practised.  Secret  rebates  have  been 
allowed,  and  there  have  been  unjust  discrimi 
nations  in  rates  and  in  furnishing  facilities  for 
transportation.  Those  who  have  sought  to 
monopolize  trade  have  thus  been  enabled  to 
crush  competition  and  to  grow  in  wealth  and 
power  by  crowding  out  their  rivals  who  have 
been  deprived  of  access  to  markets  upon  equal 
terms.  These  abuses  are  not  to  be  tolerated. 
Congress  has  legislated  upon  the  subject  with 
reference  to  interstate  commerce,  where  natu 
rally  the  evil  has  been  most  prominent.  But 
domestic  commerce  must  be  regulated  by  the 
State,  and  the  State  should  exercise  its  power 
to  secure  impartial  treatment  to  shippers  and 
the  maintenance  of  reasonable  rates.  There 


90  Charles  Evans  Hughes 

is  also  need  of  regulation  and  strict  supervision 
to  ensure  adequate  service  and  due  regard  for 
the  convenience  and  safety  of  the  public.  The 
most  practicable  way  of  attaining  these  ends 
is  for  the  Legislature  to  confer  proper  power 
upon  a  subordinate  administrative  body. 

We  have  now  a  Board  of  Railroad  Com 
missioners  of  five  members.  It  is  charged 
specifically  with  important  duties.  The  exe 
cution  of  mortgages  and  the  increase  or  reduc 
tion  of  capital  stock  are  subject  to  its  approval, 
its  certificate  that  public  convenience  and 
necessity  require  the  construction  of  a  pro 
jected  railroad  is  required  before  construction 
can  be  begun,  and  it  deals  with  changes  in 
highway  grade  crossings,  and  various  other 
matters  in  a  definitive  way. 

The  law  also  provides  that  the  board  "  shall 
have  general  supervision  of  all  railroads  and 
shall  examine  the  same  and  keep  informed  as 
to  their  condition  and  the  manner  in  which 
they  are  operated  for  the  security  and  accom 
modation  of  the  public  and  their  compliance 
with  the  provisions  of  their  charters  and  of 
law."  If  in  the  judgment  of  the  board  it  ap 
pears  •"  that  any  change  of  the  rates  of  fare 
for  transporting  freight  or  passengers  or  in 
the  mode  of  operating  the  road  or  conducting 


Public-Service  Commissions        91 

its  business  is  reasonable  and  expedient  in 
order  to  promote  the  security,  convenience, 
and  accommodation  of  the  public,"  it  may 
after  notice  and  hearing  fix  a  time  within 
which  the  changes  shall  be  made. 

But  the  action  of  the  board  in  the  exercise 
of  this  general  power  of  supervision  amounts 
to  a  recommendation.  If  its  direction  is  not 
complied  with,  the  law  provides  that  the  mat 
ter  shall  be  presented  to  the  Attorney-General 
for  his  consideration  and  action,  and  shall  be 
reported  to  the  Legislature.  So,  if  it  appears 
that  any  railroad  corporation  has  violated  the 
law  or  unjustly  discriminates  in  its  charges, 
and  the  wrongful  conduct  is  continued  after 
notice,  the  matter  is  to  be  brought  to  the 
attention  of  the  Attorney-General,  "  who  shall 
take  such  proceedings  thereon  as  may  be 
necessary  for  the  protection  of  the  public 
interests." 

The  present  scheme  of  regulation  is  inade 
quate.  There  is  a  lack  of  precision  in  the 
definition  of  the  powers  of  the  board  and  an 
absence  of  suitable  means  to  compel  compli 
ance  with  its  decisions.  No  penalties  are 
provided  for  disobedience  to  orders  of  the 
board  made  within  its  proper  authority. 
Nor  is  the  board  authorized  to  institute  and 


92  Charles  Evans  Hughes 

conduct  legal  proceedings  for  the  purpose  of 
enforcing  its  requirements. 

It  is  also  provided  that  the  expenses  of  the 
commission  shall  be  borne  by  the  railroad 
corporations  upon  the  apportionment  of  the 
Comptroller.  This  plan  of  reimbursing  the 
State  is  wholly  indefensible.  The  supervision 
of  railroads  is  in  the  interest  of  all  the  people 
and  should  be  borne  by  the  people  as  any 
other  expense  of  administration.  Such  a  board 
should  be  established  in  public  confidence  as 
an  independent  governmental  body  receiving 
no  support  from  the  railroads  save  as  they 
are  duly  taxed  for  the  general  support  of  the 
government. 

We  have  also  a  Commission  of  Gas  and 
Electricity  with  broad  powers  with  reference 
to  corporations  engaged  in  supplying  gas  and 
electric  current. 

It  is  my  judgment  that  there  is  no  need  of 
two  separate  commissions  to  deal  with  these 
subjects.  There  are  now  corporations  which 
are  subject  to  the  jurisdiction  of  both  commis 
sions  and  in  some  cases  the  same  questions 
are  presented  for  the  decision  of  both.  Simi 
lar  principles  are  applicable  to  the  decision 
in  many  cases  within  the  jurisdiction  of  each 
and  harmony  of  administration  would  be 


Public-Service  Commissions        93 

promoted  by  having  a  single  body.  It  is  plainly 
in  the  interest  of  economic  adminstration,  in 
order  to  avoid  the  unnecessary  multiplication 
of  officers  and  clerical  force,  that  there  should 
be  but  one  commission.  In  the  two  boards 
we  have  now  eight  commissioners.  A  board 
of  less  than  this  number  would  answer  both 
purposes. 

I  therefore  recommend  that  the  present 
Board  of  Railroad  Commissioners  and  the 
Commission  of  Gas  and  Electricity  be  abol 
ished  and  that  a  new  commission  be  con 
stituted,  with  powers  of  regulation  and 
supervision,  within  constitutional  limits,  of  the 
corporations  now  subject  to  the  existing  com 
missions.  The  commission  should  have  all 
the  powers  possessed  by  the  present  commis 
sions  and  such  additional  powers  as  may  be 
needed  to  insure  proper  management  and 
operation.  Its  powers  should  be  clearly  de 
fined  and  should  embrace  the  power  to  act 
upon  its  own  initiative  as  well  as  upon  com 
plaint  ;  to  pass  upon  the  issue  of  stocks  and 
bonds ;  to  examine  properties,  books,  and 
accounts  ;  to  require  detailed  reports  in  pre 
scribed  form  ;  to  prescribe  reasonable  rates ; 
to  require  adequate  and  impartial  service  ;  to 
provide  for  the  safety  of  employees  and  for 


94  Charles  Evans  Hughes 

the  protection  of  the  public  ;  and  generally  to 
direct  whatever  may  be  necessary  or  proper  to 
safeguard  the  public  interests  and  to  secure 
the  fulfilment  of  the  public  obligations  of  the 
corporations  under  its  supervision.  Provision 
should  be  made  for  suitable  inspection  so  that 
the  commission  may  be  advised  as  to  all  mat 
ters  within  its  purview  and  be  in  a  position  to 
take  action  on  behalf  of  the  people  without 
the  formal  institution  of  proceedings  by  com 
plainants.  A  prescribed  quorum  should  be 
entitled  to  decide  all  questions,  and  any  one 
commissioner  should  be  empowered  to  make 
examinations  and  investigations,  and  the  pro 
ceedings  and  decisions  of  one,  when  approved 
by  the  board,  should  stand  as  its  proceedings 
and  decisions. 

The  corporation  guilty  of  disobedience  to 
its  orders,  and  all  officers  and  other  persons 
responsible  for  such  disobedience,  should  be 
visited  with  appropriate  penalties.  The  com 
mission  should  also  be  entitled  to  institute 
legal  proceedings  for  the  enforcement  of  its 
orders,  and  all  such  proceedings  should  be 
expedited  by  suitable  preference  in  all  the 
courts  of  the  State.  The  Legislature  should 
thus  provide,  within  its  constitutional  power, 
adequate  means  for  the  entirely  just  and 


Public-Service  Commissions        95 

impartial  regulation  of  these  important  public 
enterprises. 

The  problem  of  transportation  in  the  terri 
tory  of  Greater  New  York  demands  special, 
prompt,  and  comprehensive  treatment  The 
configuration  of  Manhattan  Island  and  the 
concentration  of  business  at  its  lower  end, 
together  with  the  rapid  growth  of  population, 
have  produced  an  extraordinary  congestion. 
All  the  existing  lines,  surface,  elevated,  and 
subway,  are  overburdened  and  the  people  suf 
fer  in  mind,  body,  and  estate.  The  worst  con 
gestion  is  at  the  Brooklyn  Bridge,  due  to  the 
convergence  at  that  point  of  the  Brooklyn 
traffic.  The  people  of  Brooklyn  who  do  busi 
ness  in  Manhattan  are  subjected  morning  and 
night,  not  only  to  exasperating  inconvenience, 
but  to  such  maltreatment  and  indignities  inci- 

o 

dent  to  their  disgraceful  herding  that  relief  in 
the  most  practicable  manner  should  be  afforded 
them  at  the  earliest  possible  moment. 

Not  only  are  new  facilities  needed,  which 
should  be  planned  with  reference  both  to  im 
mediate  and  future  needs,  but  there  is  urgent 
necessity  for  more  strict  supervision  to  secure 
better  service  on  existing  lines.  In  some  por 
tions  of  the  city  antiquated  horse-cars  may 
still  be  seen,  giving  picturesque  emphasis  to 


96  Charles  Evans  Hughes 

the  disregard  of  the  public  convenience.  Over 
capitalization  and  the  improvident  creation  of 
guaranties  and  fixed  charges  to  suit  the  exi 
gencies  of  successive  combinations  entered 
into  for  the  purpose  of  monopolizing  the  traf 
fic  have  produced  their  natural  results.  There 
are  such  unjust  burdens  upon  earnings  and  the 
tendency  constantly  to  effect  economies  at  the 
expense  of  proper  service  is  so  strong  that  it 
is  imperative  that  the  people  shall  have  vigil 
ant  representatives  clothed  with  ample  author 
ity  to  compel  the  corporations  to  perform 
their  public  duty. 

In  1891,  the  Legislature,  for  the  purpose  of 
providing  for  the  development  of  additional 
transit  facilities,  passed  the  so-called  Rapid 
Transit  Act.  It  constituted  a  Board  of  Rapid 
Transit  Commissioners,  who  were  named  in 
the  statute.  Numerous  amendments  have 
been  made  and  additional  powers  conferred. 
The  statute  contains  important  provisions 
with  reference  to  construction  by  the  city. 
Through  the  accretions  of  years  it  has  become 
cumbersome  and  extremely  complicated.  It 
needs  revision.  Pursuant  to  the  provisions  of 
this  act  the  present  subways  have  been  con 
structed  and  plans  have  been  made  for  further 
construction.  By  a  recent  amendment  the 


Public-Service  Commissions        97 

board  is  authorized,  with  the  consent  of 
the  Board  of  Estimate  and  Apportionment 
of  the  city,  to  grant  rights  and  franchises  and 
to  make  contracts  with  reference  to  the  con 
struction  and  operation  of  the  parts  within  the 
city  of  interstate  trunk  lines. 

We  have  thus  in  the  city  of  New  York  an 
anomalous  condition.  Two  boards  created 
by  the  Legislature  are  exercising  powers  of 
the  greatest  importance  with  reference  to 
transportation.  The  Board  of  Rapid  Transit 
Commissioners  is  dealing  with  the  question  of 
new  facilities  and  is  empowered  to  make  con 
tracts  for  construction  and  operation.  It  is 
also  dealing  with  the  question  of  the  construc 
tion  of  trunk  lines  into  or  across  the  city. 
The  State  Board  of  Railroad  Commissioners 
has  general  jurisdiction  over  the  railroads  of 
the  State  and  has  supervisory  powers  over  the 
surface  lines  and  the  elevated  roads  in  the 
city.  It  does  not  exercise  jurisdiction  over 
the  subways,  as  these  were  constructed  under 
the  Rapid  Transit  Act.  But  while  the  powers 
of  supervision  are  divided,  the  interests  in 
control  of  the  surface,  elevated,  and  subway 
lines  are  now  united  in  a  single  corporation. 

This  situation  should  be  met  by  a  compre 
hensive  plan.  All  the  operations  of  railroad 


98  Charles  Evans  Hughes 

companies  in  the  territory  of  Greater  New 
York  should  be  under  the  supervision  of  one 
board.  And  the  board  that  is  to  have  the 
power  to  supervise  generally  these  operations 
should  have  the  power  of  initiating  plans  and 
of  making  contracts  for  the  construction  and 
operation  of  new  lines.  Instead  of  two  boards 
dealing  with  different  phases  of  the  same 
problem,  there  should  be  one  board  empow 
ered  to  deal  with  it  in  its  entirety.  As  such  a 
board  would  exercise  important  State  powers 
of  control  and  regulation,  it  should  be  a 
State  board,  and  should  be  composed  of 
men  familiar  with  conditions  in  the  territory 
affected.  In  my  judgment  it  would  not  be 
advisable  to  put  all  these  matters  under 
the  control  either  of  the  present  Board  of 
Railroad  Commissioners  or  of  the  new  com 
mission  which  I  have  proposed  to  take  its 
place.  The  urgent  need  of  an  increase  in 
transportation  facilities,  and  the  unique  con 
ditions  existing  in  Greater  New  York,  justify 
the  creation  of  a  separate  board  to  deal  with 
the  entire  matter  of  transportation  in  that  part 
of  the  State. 

I  recommend  that  the  Board  of  Rapid 
Transit  Commissioners  be  abolished  and  that 
a  new  board  be  created,  to  have  all  the  powers 


Public-Service  Commissions        99 

now  exercised  by  the  Rapid  Transit  Board, 
and  also  to  have  powers  with  reference  to 
operations  within  the  territory  of  Greater 
New  York, — or  if  deemed  advisable,  within  a 
wider  district  embracing  the  adjoining  coun 
ties  into  which  certain  lines  of  the  surface 
railroads  extend, — similar  to  the  powers  which 
I  have  suggested  should  be  conferred  upon  the 
new  commission  for  the  rest  of  the  State. 
There  would  thus  be  included  the  regulation 
of  gas  and  electric  corporations.  Provision 
should  be  made  for  the  retention,  by  the  Board 
of  Estimate  and  Apportionment  of  the  city,  of 
all  the  powers,  including  powers  of  approval, 
which  it  now  enjoys.  The  commission  pro 
posed  for  the  State  generally  should  have 
jurisdiction  over  all  traffic  between  points 
within  the  city  of  New  York  (or  within  the 
district  as  created)  and  points  elsewhere  in 
the  State.  It  is  believed  that  in  this  manner 
the  whole  question  of  transportation,  and  of 
gas  and  electric  service,  in  the  territory  of 
Greater  New  York  can  be  dealt  with  in  an 
intelligent  and  efficient  manner,  and  that  to  the 
fullest  extent  possible  the  just  requirements 
of  that  great  community  may  be  satisfied. 


II. 

Speech  at  the  Banquet  of  the  Utica  Cham 
ber  of  Commerce,  April  i,  1907. 

The  importance  of  providing  effective  State 
supervision  of  public-service  corporations  seems 
to  be  generally  conceded.  I  shall  not  recount 
the  grievances  which  have  made  the  subject 
one  of  paramount  public  interest.  It  is  suffi 
cient  to  say  that  the  people,  without  animosity 
toward  rights  of  property,  but  with  a  just  in 
sistence  upon  the  performance  of  public  obliga 
tions,  demand  that  the  State  shall  exercise  its 
power  over  its  creatures  and  compel  due  re 
gard  for  the  duties  which  are  correlative  to  the 
privileges  it  has  granted. 

Federal  regulation  is  not  a  substitute  for 
State  regulation.  Federal  powers  and  State 
powers  are  exercised  in  different  spheres. 
Congress  has  complete  authority  over  inter 
state  commerce  and  the  State  cannot  interfere 
with  the  exercise  of  its  prerogatives ;  and  it  is 
desirable  that  the  Federal  authority  shall  be 
fully  exercised  until  every  abuse  incident  to 


100 


Utica  Chamber  of  Commerce,  1907    101 

interstate  commerce  is  ended.  But  however 
broadly  interstate  commerce  may  be  defined, 
there  will  remain  the  problem  of  transporta 
tion  wholly  within  the  State  and  of  other 
local  public  service.  Over  local  or  domestic 
commerce  as  distinguished  from  interstate 
commerce,  Congress  has  no  power  to  exert 
control,  and  if  the  citizens  of  the  State  are 
to  be  protected  against  abuses  of  corporate 
privileges,  in  connection  with  such  local  or 
domestic  commerce,  they  must  look  for  their 
remedy  to  the  State  and  to  the  State  alone. 
It  has  been  suggested  that  it  is  a  grievous 
thing  that  a  railroad  corporation,  for  example, 
should  be  subjected  to  the  laws  of  many  dif 
ferent  jurisdictions.  Undoubtedly  annoyances 
may  be  caused  by  a  variety  of  laws  and  regu 
lations.  But  so  far  as  interstate  commerce  is 
concerned  the  Federal  authority  is  supreme, 
and  as  to  all  matters  of  through  transporta 
tion  there  is  no  room  for  conflict.  We  may 
be  sure  that  if  the  act  of  any  State  Legislature, 
or  the  order  of  any  State  commission  operates 
as  a  regulation  of  interstate  commerce,  it  will 
instantly  be  challenged  by  the  watchful  and 
astute  representatives  of  the  corporations  af 
fected,  the  Federal  courts  will  take  jurisdiction, 
and  the  supremacy  of  the  Federal  authority 


102  Charles  Evans  Hughes 

under  the  Constitution  will  be  vindicated.  It 
is  proper  of  course  that  the  State  in  the  exer 
cise  of  its  authority  should  take  account  of 
wise  legislation  of  Congress.  Useful  efforts 
may  also  be  made  to  promote  harmony  in 
State  legislation.  And  any  State  that  sets  a 
high  standard  in  its  legislative  scheme  of  State 
supervision,  and  in  its  efficient  administration 
of  the  law,  will  contribute  powerfully  toward 
similar  action  in  other  jurisdictions  and  to  the 
establishment  throughout  the  country  of  proper 
administrative  standards.  But  there  is  no 
reason  why  the  State  of  New  York  should  fail 
to  enact  a  just  law  in  the  interest  of  its  citizens 
because  of  the  action  or  inaction  of  other  States. 
The  first  question  presented  is  :  Why  should 
there  be  a  Railroad  or  Public-Service  Commis 
sion  ?  Every  power  that  a  corporation  has  is 
derived  from  the  Legislature  which  created  it. 
The  Legislature  defines  what  powers  it  shall 
exercise  and  the  conditions  upon  which  it  shall 
conduct  its  operations.  As  a  public  service 
corporation  it  is  constantly  subject  to  legisla 
tive  control  to  the  end  that  it  may  be  re 
quired  to  perform  in  a  proper  manner  the 
service  it  was  chartered  to  render.  So  that 
every  question  of  rate  or  fare,  of  safety  appli 
ance,  or  of  suitable  equipment  and  facilities  is 


Utica  Chamber  of  Commerce,  1907    103 

a  question  primarily  for  the  Legislature,  which, 
within  constitutional  limits,  has  a  right  to  de 
fine  the  obligations  of  the  corporation.  But 
the  questions  which  thus  arise  are  of  extra 
ordinary  number  and  variety ;  they  call  for 
investigation  and  for  the  consideration  of  a 
multitude  of  details.  Special  conditions  must 
be  examined  and  suitable  flexibility  of  action 
must  be  provided.  To-day  the  Legislatures  of 
our  States  are  flooded  with  special  bills  aimed 
at  this  or  that  grievance  in  management.  But 
the  Legislatures  sit  only  a  portion  of  the  year 
and  cannot  deal  with  these  matters  satisfac 
torily.  Experience  has  shown  the  advisability 
of  creating  a  subordinate  body  or  commission 
with  appropriate  powers  for  this  purpose. 

Now  what  is  the  function  of  such  a  com 
mission  ?  It  is  an  administrative  board.  The 
object  of  its  creation  is  to  secure  the  perform 
ance  of  public  obligation.  The  Legislature 
may,  within  its  constitutional  powers,  establish 
standards  of  service.  A  railroad  corporation, 
for  example,  is  bound  to  give  safe,  impar 
tial,  and  adequate  service  for  a  reasonable 
charge.  It  is  the  function  of  the  commis 
sion  to  secure  safety,  impartiality,  adequacy 
of  service,  and  reasonable  charges — that  is, 
compliance  with  the  requirements  of  the  law. 


104  Charles  Evans  Hughes 

For  this  purpose  it  should  have  full  power  to 
conduct  investigations  and  to  make  whatever 
orders  in  relation  to  operation  that  may  be 
necessary  to  secure  proper  service  upon  fair 
terms  and  without  unlawful  discriminations. 
Undoubtedly  very  broad  powers  are  required, 
reaching  the  various  departments  of  manage 
ment.  But  it  should  be  remembered  they  are 
designed  to  secure  the  safety  and  convenience 
of  the  public.  It  is  no  answer  to  say  that 
these  powers  may  be  abused.  Every  officer 
of  government  who  has  power  adequate  for 
any  purpose  may  abuse  his  power.  The  safe 
guard  is  found  in  official  responsibility  and 
accountability.  But  the  possibility  of  abuse  is 
no  reason  why  powers  which,  in  their  proper 
exercise  are  needed  for  the  protection  of  the 
public,  should  not  be  conferred. 

It  has  been  urged  that  the  granting  of  such 
broad  powers  is  incompatible  with  the  main 
tenance  of  the  freedom  of  management  said  to 
be  incident  to  the  property  rights  of  the  cor 
porations.  Such  an  objection  has  a  certain 
plausibility,  but  will  not  stand  critical  examina 
tion.  The  Legislature  in  safeguarding  the 
public  interest  has  the  power  to  require  such 
equipment  and  facilities,  and  such  manner  of 
operation,  as  will  secure  good  service.  It  will 


Utica  Chamber  of  Commerce,  1907    105 

hardly  be  claimed  that  the  existence  of  this 
power  is  inconsistent  with  property  rights. 
The  property  of  a  public-service  corporation 
has  been  acquired  subject  to  this  power.  And 
the  power  conferred  upon  the  commission  is 
conferred  for  the  purpose  of  securing  the  per 
formance  of  obligations  to  which  the  right  of 
property  is  subordinate. 

Another  question  is  :  What  is  the  relation 
of  the  courts  to  such  a  commission  ?  As  has 
been  said,  the  commission  is  an  administrative 
body.  It  would  not  be  proper  for  the  Legis 
lature  to  confer  these  powers  upon  the  Appel 
late  Division  of  the  Supreme  Court.  It  is  not 
in  accordance  with  the  theory  of  our  govern 
ment  that  an  attempt  should  be  made  to  con 
vert  the  court  into  an  administrative  board. 
It  is  not  the  proper  function  of  the  courts  to 
fix  rates  or  to  make  orders  as  to  the  facilities 
which  should  be  supplied,  or  the  safety  ap 
pliances  which  should  be  used.  This  is  the 
function  of  the  Legislature  or  of  the  adminis 
trative  board  which  it  may  create  to  aid  in 
securing  the  performance  of  the  duties  it  has 
imposed.  It  would  be  most  unfortunate  if, 
with  the  necessary  extension  of  State  super 
vision  of  public  service,  our  courts  should  have 
cast  upon  them  such  burdens  of  administration. 


io6  Charles  Evans  Hughes 

The  power  of  the  Legislature  and  of  the 
commission  it  creates  is  not,  however,  without 
limits.  And  where  the  Legislature  goes  be 
yond  its  constitutional  powers,  or  where  the 
administrative  board  exceeds  its  authority  or 
passes  its  constitutional  limits,  the  matter  falls 
within  the  jurisdiction  of  the  courts,  who  will 
declare  such  action  null  and  void  and  prevent 
any  attempt  to  enforce  the  provisions  of  the 
obnoxious  statute  or  order. 

Both  the  State  and  Federal  Constitutions 
prohibit  the  depriving  of  any  person  of  prop 
erty  without  due  process  of  law,  and  the  taking 
of  private  property  for  public  use  without  just 
compensation.  Nor  can  a  State  deny  to  any 
person  within  its  jurisdiction  the  equal  pro 
tection  of  the  laws.  Neither  the  Legislature 
nor  the  commission  can  escape  these  salutary 
checks  upon  their  authority.  So  that  if  it  be 
claimed  that  the  action  of  the  Legislature  or 
of  a  commission  in  fixing  a  rate  operates  as 
such  a  deprivation  of  property,  a  judicial  ques 
tion  is  presented,  and  the  courts  will  take 
jurisdiction  and  determine  that  question.  They 
will  determine  it  in  the  light  of  all  the  circum 
stances,  seeking  to  ascertain  whether  the  Legis 
lature  or  the  commission  has  exceeded  that 
power  which  the  Legislature  may  properly 


Utica  Chamber  of  Commerce,  1907    107 

exercise  in  its  discretion,  or  which  it  may  prop 
erly  confer  upon  an  administrative  board,  or 
whether  under  the  guise  of  regulation  there 
has  been  confiscation.  So,  if  the  claim  is 
made  that  the  action  of  the  Legislature  or 
the  commission  in  professing  to  provide  for 
safe  and  adequate  service  lies  outside  the  field 
of  legislation  in  defence  of  the  public  interest, 
or  of  administrative  power  under  legislative 
authority,  the  claim  presents  a  matter  for  judi 
cial  consideration,  and  if  the  courts  find  it  to 
be  sustained  they  will  invalidate  the  statute  or 
order  assailed. 

It  thus  appears  that  there  is  of  necessity  a 
court  review  where  such  questions  are  pre 
sented.  And  the  distinction  between  the 
function  of  the  courts  and  the  function  of  the 
Legislature  or  of  the  commission  it  creates  is 
clearly  indicated  by  the  fact  that  the  question 
for  the  courts  is  whether  under  the  Constitu 
tion  the  matter  under  consideration  is  one 
that  falls  within  the  scope  of  the  authority  of 
the  Legislature  or  of  the  administrative  board. 
If  the  courts  decide  that  it  falls  within  the 
limits  of  that  authority  they  decline  to  in 
terfere  ;  if  they  decide  that  it  does  not,  they 
declare  the  statute  or  order  void. 

This  court  review  the   Legislature  cannot 


io8  Charles  Evans  Hughes 

curtail.  The  courts  proceed  by  virtue  of  their 
inherent  powers  under  the  Constitution.  It  is 
idle  to  attempt,  and  no  good  citizen  desires 
to  attempt,  to  fetter  their  action.  Frequently 
the  courts  have  set  aside  rates  established  by 
Legislatures  and  commissions,  and  they  do  not 
hesitate  to  grant  an  injunction  prohibiting  the 
enforcement  of  the  rate  pending  the  suit. 

Property  rights  are  thus  abundantly  safe 
guarded,  and  it  is  futile  to  claim  that  either 
through  the  establishment  of  the  commission 
or  through  the  exercise  of  its  broad  powers 
the  invasion  of  any  property  right  will  be 
threatened  without  adequate  redress. 

A  different  question  is  presented  when  it  is 
urged  that  all  orders  of  the  commission  should 
be  reviewable  by  the  courts  regardless  of  the 
question  whether  the  commission  has  exceeded 
its  authority  or  any  constitutional  privilege  has 
been  ignored.  There  is  no  occasion  for  such  a 
broad  provision  for  court  review  unless  it  is 
desired  to  commit  to  the  courts  those  matters 
which  do  not  involve  the  question  of  depriva 
tion  of  property  without  due  process  of  law 
or  without  just  compensation,  but  are  matters 
which  might  appropriately  be  decided  by  the 
Legislature  or  by  an  administrative  commis 
sion.  To  provide  a  right  of  appeal  to  the 


Utica  Chamber  of  Commerce,  1907    109 

courts  from  every  order  of  the  commission 
not  only  invites  delay  and  an  unnecessary  mul 
tiplicity  of  proceedings,  but  has  for  its  object 
the  substitution  of  the  judgment  of  the  court 
for  the  action  of  the  commission.  To  give 
the  court  power  to  hear  such  appeals,  to  take 
evidence,  and  to  reverse  or  to  modify  the 
orders  of  the  commission  comes  simply  to 
this  :  that  the  court  becomes  in  effect  the  rul 
ing  commission,  and  the  commission  created 
by  the  Legislature  is  simply  a  board  to  take 
evidence  and  make  what  are,  in  effect,  recom 
mendations.  It  may  be  said  that  the  corpora 
tions  would  not  necessarily  avail  themselves 
of  the  right  of  review  in  all  cases.  But  it  is 
not  sound  public  policy  for  the  Legislature  to 
create  a  board  whose  effectiveness  will  depend 
on  the  option  of  the  corporations. 

The  delays  that  are  incident  to  proceedings 
attacking  the  action  of  the  commission  as  un 
constitutional  are  inevitable.  But  there  is  no 
good  reason  why  delays  should  be  multiplied 
by  allowing  court  review  in  all  cases.  There 
is  a  broad  field  of  supervision  which  admittedly 
lies  within  constitutional  authority,  and  in  this 
field  it  is  of  the  greatest  public  importance 
that  the  commission  within  its  own  proper 
province  should  act  with  reasonable  despatch, 


no  Charles  Evans  Hughes 

that  its  orders  should  be  promptly  obeyed,  and 
that  the  public  patience  should  not  be  vexed 
by  dilatory  proceedings. 

It  is  vital  to  the  interests  of  the  community 
that  in  dealing  with  these  matters  we  should 
deal  both  justly  and  effectively.  Merely  be 
cause  there  are  questions  which,  as  we  have 
seen,  must  inevitably  be  passed  upon  by  the 
courts,  we  should  not  run  the  risk  of  making 
the  scheme  of  State  supervision  abortive  by 
committing  to  the  courts  the  decision  of  other 
matters  with  which  properly  they  have  no  con 
cern.  Proper  regulation  of  corporations  is  a 
matter  so  important  and  the  attitude  of  the 
public  toward  our  public-service  operations 
presents  so  serious  a  question  that  we  should 
provide  the  most  efficient  means  of  regulation 
that  is  consistent  with  the  constitutional  powers 
of  the  Legislature. 

Let  us  understand  that  no  fundamental 
right  of  the  corporations  can  be  taken  away  ; 
that  the  corporations  commanding  the  best 
talent  of  the  country,  well  advised  as  to  their 
legal  rights  and  equipped  with  the  most  per 
fect  machinery  for  the  presentation  of  their 
claims,  will  not  suffer  any  deprivation  of 
their  just  rights  of  property.  These  will  be 
protected  by  the  Constitution  and  the  courts. 


Utica  Chamber  of  Commerce,  1907 


in 


If  they  entertain  any  serious  fear  of  effective 
regulation,  it  is  not  that  they  will  be  deprived 
of  what  rightfully  belongs  to  them. 

What  is  needed  is  a  commission  of  dignity, 
of  force,  of  ability ;  representing  the  best 
intelligence  of  the  State  available  for  the  pur 
pose  and  proceeding  in  a  responsible  man 
ner.  It  should  have  such  an  equipment  and 
such  technical  assistance  as  will  enable  it  to 
deal  with  the  matters  before  it  thoroughly  and 
expertly.  With  the  highest  respect  for  the 
courts,  I  believe  that  such  a  commission  can 
best  deal  with  the  matters  which  properly  fall 
within  its  province,  and  we  may  be  sure,  as 
has  already  been  stated,  that  in  cases  where 
any  doubt  can  exist  as  to  whether  there  is  an 
invasion  of  property  rights  or  whether  the 
matter  does  not  lie  within  the  province  of  the 
commission,  the  courts  will  be  called  upon 
to  exercise  their  admitted  jurisdiction. 

There  are  many  other  phases  of  the  subject 
to  which  I  should  be  glad  to  call  attention. 
The  power  to  issue  stock  and  bonds  and  to 
invest  in  the  securities  of  other  corporations  is 
a  power  derived  from  the  Legislature  and  sub 
ject  to  such  conditions  as  it  may  impose.  No 
consolidation  or  merger  of  interests  can  take 
place  except  pursuant  to  legislative  authority. 


ii2  Charles  Evans  Hughes 

Evils  that  have  resulted  from  an  abuse  of  the 
freedom  which  has  been  enjoyed  under  our  cor 
porate  laws  are  patent  to  all.  It  is  not  simply  or 
primarily  the  question  of  protection  to  the  in 
vestor.  The  paramount  demand  is  that  through 
the  improper  issue  of  securities  there  shall  not 
be  provided  a  motive  for  crippling  the  public 
service  or  a  basis  for  demanding  extortionate  re 
turns.  The  power  of  the  State  should  be  exer 
cised  to  compel  respect  for  the  public  interest. 

I  cannot  at  this  time  discuss  these  questions 
or  other  matters,  such  as  the  selection  and 
removal  of  commissioners,  which  are  involved 
in  the  proposed  scheme  of  regulation.  As  I 
have  said,  these  questions  are  of  grave  public 
consequence.  There  is  no  greater  mistake 
than  to  suppose  that  the  will  of  the  people  can 
be  permanently  disregarded,  and  it  is  the  duty 
of  patriotism  to  provide  for  the  just  expres 
sion  of  that  will  and  to  remove  the  causes  of 
unrest  which  lie  in  abuses  of  public  privilege. 
And  in  attempting  to  provide  remedies  for  the 
correction  of  known  evils,  let  them  be  real 
remedies,  not  mere  makeshifts  which  will 
bring  the  law  and  its  administrators  into  con 
tempt,  but  effective  measures  which  in  their 
just  operation  will  promote  our  tranquillity  and 
enhance  respect  for  law  and  order. 


III. 

Speech    at    the    Glens    Falls    Club, 
April  5,  1907, 

As  citizens  you  are  all  interested  in  having 
the  government  well  administered.  On  this 
question  there  is  no  division  along  party  lines. 
The  people  appreciate  the  importance  of  in 
sisting  upon  efficiency  and  of  improving  the 
standards  of  administration.  They  are  willing 
to  give  generous  support  to  those  who  stand 
for  their  interests,  and  they  will  not  fail  to  call 
strictly  to  account  those  who  seek,  on  one 
pretext  or  another,  to  block  efforts  to  accom 
plish  this  result.  They  are  also — aside  from 
the  relatively  few  whose  personal  interests  and 
ambitions  are  involved — •  practically  united  in 
the  demand  that  the  powers  of  government 
shall  not  be  prostituted  to  selfish  ends,  and 
that  public  privilege,  under  public  control, 
shall  be  exercised  for  public  benefit. 

Those  who  desire  to  insure  the  stability  of 
honorable  business  enterprise,  those  who  de 
sire  to  maintain  an  orderly  society,  secure 


ii4  Charles  Evans  Hughes 

against  the  success  of  insincere  and  inflamma 
tory  appeal,  those  who  desire  to  maintain  our 
institutions  with  their  guaranties  of  equality 
before  the  law  and  with  their  blessings  of 
opportunity,  realize  that  the  time  has  come 
when  the  State  must  assert  its  power  firmly 
and  justly  in  putting  an  end  to  existing  abuses 
both  in  the  administration  of  government  and 
in  the  management  of  those  concerns  which 
derive  their  vitality  from  public  franchises. 
Those  who  oppose  this  just  sentiment  chant 
their  own  requiem. 

The  paramount  need  in  the  administration 
of  the  government  of  this  State  is  to  make  it 
a  more  largely  responsible  government.  The 
effort  should  be  to  fix  responsibility  so  that 
accountability  to  the  people  cannot  be  escaped. 
Some  assert  that  for  this  purpose  all  adminis 
trative  heads  of  departments  and  members  of 
administrative  commissions  should  be  elected. 
I  do  not  assent  to  this  proposition.  I  believe 
that  on  the  one  hand  it  is  destructive  of  neces 
sary  unity  in  administration,  and  on  the  other 
increases  the  opportunities  for  manipulation 
and  intrigue.  Experience  shows  that  in  a  poli 
tical  campaign  it  is  difficult  to  concentrate  the 
attention  of  the  people  upon  a  large  number 
of  offices.  The  election  of  all  administrative 


Glens  Falls  Club,  April  5,  1907     115 

heads  and  members  of  commissions  would 
tend,  in  my  judgment,  greatly  to  increase  the 
difficulty  of  securing  responsible  government. 

On  the  other  hand,  the  people  take  a  deep 
interest  in  the  selection  of  the  Chief  Execu 
tive.  In  connection  with  this  office,  public 
opinion  to  the  largest  degree  asserts  itself 
with  reference  to  the  selection  of  candidates. 
A  system  which  fixes  upon  the  Governor 
responsibility  for  the  administration  of  the 
government  and  clothes  him  with  corre 
sponding  power,  is  the  system  which  in  the 
long  run  will  insure  to  the  people  the  best 
administration. 

The  Constitution  provides  that  the  execu 
tive  power  shall  be  vested  in  the  Governor, 
who  "  shall  take  care  that  the  laws  are  faith 
fully  executed."  In  the  popular  imagination 
the  office  is  invested  with  those  powers  which 
the  people  instinctively  associate  with  the  first 
office  in  the  State.  But  in  reality,  while  the 
administrative  powers  and  responsibilities  of 
the  Federal  Executive  have  increased,  those 
of  the  State  Executive  have  diminished.  This 
is  a  mistaken  State  policy.  As  Governor 
Hoffman  said  : 

"  To  bestow  on  the  Governor  of  this  State  the  power 
necessary  to  enforce  the  laws  of  the  State  and  on  the 


ii 6  Charles  Evans  Hughes 

Mayor  of  the  city  all  necessary  executive  power  in  the 
administration  of  the  affairs  in  the  city,  that  is  concentra 
tion  of  power  in  the  proper  hands  ;  power  adequate  to 
the  duties  and  responsibilities  imposed.  Without  this 
concentration  there  is  no  real  responsibility  ;  without  it 
we  cannot  justly  hold  the  Chief  Executive  accountable 
for  his  due  administration  of  the  government  ;  we  fail 
to  enjoy  what  the  English-speaking  race  prides  itself 
upon — responsible  government." 

We  have  now  an  anomalous  condition.  In 
the  Constitution  the  people  in  regard  to  several 
important  offices,  have  given  to  the  Governor 
appropriate  power.  Thus  it  is  provided  that 
the  Superintendent  of  Public  Works  shall  be 
appointed  by  the  Governor  by  and  with  the 
advice  and  consent  of  the  Senate.  But  he 
"may  be  suspended  and  removed  from  office 
by  the  Governor  whenever  in  his  judgment 
the  public  interest  shall  so  require."  The 
Superintendent  of  State  Prisons  is  to  be  simi 
larly  appointed  ;  but  the  Governor  "  may  re 
move  the  superintendent  for  cause  at  any  time, 
giving  to  him  a  copy  of  the  charges  against 
him  and  an  opportunity  to  be  heard  in  his  de 
fence."  The  members  of  the  State  Board  of 
Charities,  and  of  the  State  Commission  in 
Lunacy  are  similarly  appointed  by  the  Gov 
ernor  with  the  advice  and  consent  of  the 
Senate ;  but  any  member  "  may  be  removed 


Glens  Falls  Club,  April  5,  1907     117 

from  office  by  the  Governor  for  cause,  an  op 
portunity  having  been  given  him  to  be  heard 
in  his  defence." 

The  Constitution  also  gives  the  Governor 
power  to  remove  important  elective  officers. 
Thus  sheriffs,  clerks  of  counties,  district  at 
torneys,  and  registers  of  counties  are  remov 
able  by  the  Governor,  subject  to  the  provision 
that  the  officer  shall  receive  a  copy  of  the 
charges  against  him  and  an  opportunity  of  be 
ing  heard.  Statutes  have  also  conferred  upon 
the  Governor  the  power  to  remove  other  im 
portant  elective  officers.  Thus  by  the  Greater 
New  York  charter  the  Governor  may  remove 
the  Mayor  of  New  York  upon  charges,  and  he 
may  remove  the  Police  Commissioner  of  that 
city  whenever,  in  his  judgment,  "  the  public 
interest  shall  so  require." 

But  in  connection  with  the  important  admin 
istrative  offices  created  by  the  Legislature,  the 
Governor's  power  of  removal  has  been  fettered. 
So  that,  while  in  public  opinion  he  is  charge 
able  with  the  administration  of  the  govern 
ment,  he  has  not  the  power  of  removal,  through 
the  right  to  exercise  which  correct  adminis 
tration  may  be  secured.  For  example,  the 
Superintendent  of  Banks,  the  Superintendent 
of  Insurance,  and  members  of  the  Railroad 


n8  Charles  Evans  Hughes 

Commission  are  removable  only  by  the  Senate 
upon  the  recommendation  of  the  Governor. 
Now  it  is  not  sound  policy  to  create  administra 
tive  positions  which  are  "  under  cover  "  so  as  to 
speak,  without  appropriate  means  for  enforcing 
accountability.  If  these  offices  are  not  to  be 
elective  then  those  that  hold  them  should 
be  directly  responsible  to  the  Executive,  who 
must  account  to  the  people.  There  should  be 
no  distribution  of  responsibility  between  the 
Executive  and  the  Senate.  As  a  recent  writer 
has  said : 

"  It  frequently  happens  that  the  law  organizing  the  com 
mission  is  so  expressed  as  to  give  the  Governor,  after 
making  the  appointment  of  its  members,  no  further  con 
trol  over  the  actions  of  that  body.  The  power  of  re 
moval  either  is  denied  him,  or  is  hedged  about  in  such  a 
way  as  to  make  its  exercise  practically  impossible  except 
for  the  grossest  malfeasance.  .  .  .  After  appoint 
ment  by  the  Governor,  they  are  launched  in  their  orbit 
with  practically  no  one  to  restrain  or  limit  their  action 
within  the  law.  The  Governor's  reputation  may  suffer 
by  their  action,  yet,  as  he  has  practically  no  power  of 
removal,  he  is  helpless  except  so  far  as  he  may  direct 
public  attention  to  the  wrongdoing." 

In  effect,  as  has  been  said,  "the  commission 
system    establishes   a    fourth  department    of 
government "  without  suitable  responsibility. 
This   matter   has   particular  importance  in 


Glens  Falls  Club,  April  5,  1907     119 

connection  with  the  proposal  to  reorganize  the 
system  of  State  supervision  of  public-service 
corporations.  In  the  bill  now  pending  before 
the  Legislature,  the  power  of  removal  of  the 
members  of  these  commissions  is  lodged  with 
the  Governor.  This  has  been  strongly  attacked 
upon  the  ground  that  it  gives  the  Governor 
too  much  power.  It  is  insisted  that  the  power 
of  removal  should  be  lodged  with  the  Senate. 

Now,  so  far  as  I  am  personally  concerned, 
the  matter  is  not  of  grave  consequence.  It  is 
very  unlikely  that  I  should  have  occasion  to 
remove  an  officer  whom  I  had  nominated,  and 
whose  qualifications  I  had  had  an  opportunity 
carefully  to  examine  before  the  nomination 
was  made.  I  may  therefore  refer  to  the  mat 
ter  in  an  impersonal  way,  and  simply  for  the 
purpose  of  stating  my  view  as  to  correct 
political  principle. 

The  vesting  of  the  power  of  removal  in  the 
Governor  is  objected  to  on  several  grounds. 
First  it  is  said  that  men  of  self-respect  would 
not  take  the  office  on  such  terms.  This  is 
absurd.  No  one  yet  has  declined  the  office 
of  Mayor  of  New  York  or  of  Police  Commis 
sioner,  or  of  Sheriff,  District  Attorney,  or 
Superintendent  of  Public  Works  because  the 
Governor  has  the  power  of  removal.  The 


120  Charles  Evans  Hughes 

President  has  a  broad  power  to  remove  ad 
ministrative  officers  and  this  has  not  interfered 
in  his  calling  to  his  aid  the  best  talent  in  the 
land.  Any  Interstate  Commerce  Commis 
sioner  may  be  removed  by  the  President  for 
inefficiency,  neglect  of  duty,  or  malfeasance  in 
office. 

It  is  also  said  that  if  the  Senate  confirms  the 
appointment  its  concurrence  in  the  removal 
should  be  required.  Neither  in  logic  nor  in 
precedent  is  there  a  satisfactory  basis  for 
such  a  claim.  Where  the  people  have  spoken 
through  the  Constitution  they  have  made  the 
Superintendent  of  Public  Works,  the  Superin 
tendent  of  Prisons,  the  members  of  the  State 
Board  of  Charities  and  of  the  Lunacy  Com 
mission  removable  by  the  Governor  alone, 
although  the  appointment  is  with  the  advice 
and  consent  of  the  Senate. 

But  the  objection  that  is  most  seriously 
urged  is,  that  it  increases  the  political  power 
of  the  Governor,  and  that  this  may  be  used 
for  political  purposes.  I  believe  that  to  fix 
the  responsibility  with  the  Governor,  thus 
making  him  directly  accountable  to  the  people 
for  the  administration  of  important  depart 
ments,  will  do  much  to  free  administrative 
offices  from  improper  political  control,  and 


Glens  Falls  Club,  April  5,  1907     121 

will  create  a  powerful  incentive  toward  efficient 
administration. 

The  point  is  that  the  Governor  cannot 
escape  accounting  to  the  people  for  the  mis 
use  of  his  power.  His  term  of  office  is  only 
two  years.  The  broader  his  powers,  the  more 
careful  the  people  will  be  in  his  selection.  To 
the  public  mind  he  is,  or  should  be,  responsi 
ble  for  administration,  and  it  is  not  wholesome 
that  he  should  be  induced  to  attempt  to  ac 
complish  results  by  indirection.  Undoubtedly 
an  unscrupulous  Governor  may  abuse  his 
powers.  As  the  case  stands  at  present  an 
unscrupulous  Governor  may  use  unscrupulous 
means  to  attain  the  object  of  his  ambition. 
The  statutes  intended  to  restrain,  operate  but 
slightly  to  the  disadvantage  of  those  who  are 
impelled  by  bad  motives.  The  situation  now 
is,  that  an  unscrupulous  Governor  may  attain 
his  end  by  a  misuse  of  power,  while  a  scru 
pulous  Governor  is  blocked  in  his  efforts  to 
achieve  results.  It  is  a  great  mistake  to  be  so 
intent  on  preventing  bad  administration  as 
to  make  difficult  a  good  one.  It  is  also  a 
mistake  to  distrust  the  people. 

The  true  remedy,  as  I  have  said,  is  to  unify 
administration,  to  concentrate  administrative 
power,  and  thus  sharply  define  administrative 


122  Charles  Evans  Hughes 

responsibility.  Those  who  have  studied  the 
problems  of  municipal  administration  are 
practically  unanimous  with  reference  to  the 
importance  of  this  policy.  It  is  equally  im 
portant  in  connection  with  State  administra 
tion.  In  this  way  only  can  proper  correctives 
be  supplied  for  administrative  abuses. 

This  is  the  more  important  as  the  activities 
of  the  State  increase.  If  we  are  to  protect  our 
administrative  wards  and  departments  from 
improper  influences,  if  we  are  to  secure  admin 
istration  for  the  benefit  of  the  people  without 
favoritism,  we  must  see  to  it  that  administra 
tive  offices  are  not  created  which  are  practi 
cally  immune  from  accountability,  and  that  the 
people,  through  officers  of  their  choice,  are 
able  to  express  their  will. 

In  this  country,  with  its  constitutional  safe 
guards,  the  interests  of  property  will  not  be 
endangered.  This  is  the  people's  country ; 
they  have  established  constitutional  limits 
within  which  administrative  powers  must  be 
exercised.  They  are  entitled  to  have  these 
powers  exercised  in  a  responsible  manner. 
And  they  will  run  no  serious  risk  if  the  powers 
essential  to  secure  faithful  performance  of 
administrative  duty  are  centred  in  the  Chief 
Executive  of  their  choice. 


Glens  Falls  Club,  April  5,  1907     123 

I  may  say  a  word  in  regard  to  another  mat 
ter  affecting  the  pending  legislation.  It  has 
been  pretended  by  some  that  it  interferes  with 
the  freedom  of  employees  to  work  or  not  to 
work  as  they  choose.  Such  a  contention  is 
absurd.  No  commission,  under  this  law  or 
any  other  law,  would  have  the  right  to  compel 
men  to  work  against  their  will.  This  is  a  free 
country,  and,  under  our  Constitution,  slavery 
and  involuntary  servitude  are  impossible.  A 
law  which  undertook  to  compel  men  to  work 
for  a  corporation  who  did  not  wish  to  work  for 
that  corporation  would  not  be  worth  the  paper 
that  it  was  written  on,  and  no  one  can  find 
any  such  intention  within  the  four  corners  of 
the  proposed  law. 

It  has  also  been  said  that  the  bill  legalizes 
mergers  which  have  already  taken  place.  It 
does  nothing  of  the  sort.  Past  transactions 
are  either  lawful  or  unlawful.  If  they  were 
lawful,  it  is  important  that  the  new  legislation 
should  not  be  construed  as  intended  to  affect 
any  right  which  is  safeguarded  by  the  Con 
stitution.  If  they  were  unlawful,  the  proposed 
bill  does  not  legalize  them.  The  provision  of 
the  bill  simply  is  that  it  shall  not  affect  what 
has  been  lawfully  done,  and  every  right  which 
exists,  with  every  reference  to  any  illegal 


124  Charles  Evans  Hughes 

transaction  in  the  past,  will  continue  to  exist 
without  impairment  by  anything  in  the  pro 
posed  law. 

Something  has  also  been  said  regarding  the 
penalties  provided  for  by  the  law,  but  it  will 
be  noticed  that  the  penalties  stated  are  merely 
maximum  penalties.  There  is  no  provision 
in  the  bill,  for  example,  that  a  corporation  vio 
lating  the  act  shall  be  mulcted  in  a  penalty  of 
$5000  for  every  day  that  the  violation  con 
tinues.  The  penalty  is  a  sum  not  to  exceed 
$5000  for  each  offence  or  for  each  day's  con 
tinuance.  The  penalty  is  not  required  to  be  a 
particular  sum,  but  within  the  limit  stated  will 
be  fixed  at  such  sum  as  the  court  may  find 
just  in  view  of  all  the  circumstances  of  the 
case.  If  the  company  ought  to  pay  $5000  a 
day,  it  will  have  to  pay  that  sum.  If  this  would 
be  unjust  and  result  in  the  extreme  penalties 
described  by  the  opponents  of  the  bill,  a  sum 
will  be  fixed  that  is  both  adequate  and  just. 
The  court  has  the  necessary  latitude  so  that 
proper  punishment  may  be  meted  out.  Nor  is 
any  one  in  danger  of  a  penalty  unless  he  vio 
lates  the  law.  And  of  course  there  will  be  no 
penalty  at  all  unless  the  order  is  valid  and 
should  be  obeyed. 

As  I  have  said  before,  the  law  in  its  operation 


Glens  Falls  Club,  April  5,  1907     125 

should  not  be  unfair  or  oppressive,  but  it 
should  be  effectual. 

Property  rights  are  not  threatened,  freedom 
of  management  consistent  with  just  recognition 
of  public  obligations  is  not  interfered  with.  I 
need  not  repeat  what  I  have  recently  said  in 
regard  to  the  proper  function  of  the  courts 
and  the  importance  of  avoiding  dilatory  pro 
ceedings  to  secure  a  court  review  of  matters 
which  are  purely  administrative. 

Let  me  say  in  conclusion  that  I  believe 
there  is  general  recognition  of  the  importance 
of  providing  for  suitable  State  supervision  of 
public-service  corporations  as  is  now  proposed ; 
that  I  believe  the  people  of  this  State  indorse 
the  effort  to  place  an  adequate  measure  of 
relief  upon  the  statute  books  ;  and  I  believe 
that  a  majority  of  the  members  of  the  Legis 
lature  are  alive  to  the  importance  of  the  ques 
tion  presented  and  will  be  found  to  be  in  accord 
with  the  public  sentiment  upon  this  question. 


IV. 

Speech    at    the    Banquet   of   the   Buffalo 
Chamber  of  Commerce,  April  18,  1907, 

We  have  met  to-night  to  commemorate 
commercial  enterprise  and  industrial  achieve 
ment.  You  unroll  the  record  of  the  successes 
of  fifty  years  to  find  inspiration  and  promise 
for  the  future.  And  in  the  building  you  have 
set  apart  to-day  for  your  Chamber  of  Com 
merce  you  have  at  once  a  monument  and  a 
prophecy.  The  half  century  that  has  passed 
since  your  organization  has  witnessed  the 
development,  of  the  national  consciousness 
which  has  rendered  the  Union  secure  against 
dismemberment,  and  has  prepared  the  way 
for  the  realization,  upon  the  largest  scale  the 
world  has  ever  known,  of  the  ideals  of  dem 
ocracy  and  of  the  blessings  which  through 
equality  of  opportunity  under  a  free  govern 
ment  may  come  to  a  united  and  industri 
ous  people. 

For  government  —  and  free  government — is 

not  an  end  but  a  means.      And  its  object  is  to 

126 


Buffalo  Chamber  of  Commerce,  1907  127 

secure  the  broadest  diffusion  of  prosperity  and 
the  widest  scope  of  individual  opportunity  con 
sistent  with  the  welfare  of  all. 

We  sometimes  hear  voiced  a  feeling  of  re 
sentment  against  the  assertion  of  public  rights 
upon  the  ground  that  it  is  an  attack  upon  the 
business  interests  of  the  country.  A  sullen 
and  defiant  attitude  toward  public  opinion  ill 
becomes  an  American  citizen.  Both  unprin 
cipled  attempts  to  corrupt  it  and  despotic 
efforts  to  defy  it  must,  in  this  land  of  sound 
common-sense,  inevitably  fail. 

One  of  the  dangers  of  the  rapidity  of  our 
development  is  overstrain.  Brain  and  nerve 
have  never  been  subjected  to  such  tests  as  are 
now  imposed  upon  those  who  are  charged  with 
the  responsibilities  of  success,  either  in  com 
mercial,  industrial,  or  professional  life.  A 
railroad  man  told  me  the  other  day  that  for 
the  purpose  of  securing  necessary  assistants  in 
the  enlargement  of  his  railroad  facilities  he  had 
sent  to  one  of  the  largest  railroad  corporations 
in  the  country  for  a  list  of  available  men.  He 
had  received  the  names  of  a  considerable  num 
ber  between  thirty-five  and  forty-five  years  of 
age,  among  whom  he  recognized  many  who 
had  won  distinction  for  their  abilities,  and 
against  all  was  the  note  ''broken  down."  That 


128  Charles  Evans  Hughes 

I  suppose  was  the  reason  why  they  were 
"available." 

Now  in  a  situation  like  this,  where  executive 
ability  is  crowded  to  the  utmost,  and  the  de 
mands  of  the  day  are  multiplied,  while  the 
hours  of  the  day  remain  inexorably  fixed,  there 
is  danger  of  an  undue  tenseness  and  of  a 
tendency  to  disorganization.  If  I  were  to  put 
in  a  phrase  the  special  demand  of  the  hour 
upon  all  those  engaged  in  the  discussion  of 
public  and  economic  questions  affecting  the 
business  interests  of  the  country,  I  should  say: 
Let  these  questions  be  upon  your  conscience 
and  upon  your  heart,  but  not  upon  your 
"  nerves." 

The  prevailing  sentiment  in  this  country  is 
wholesome  and  just;  it  is  idealistic;  it  rejoices 
in  the  extension  of  commerce  and  the  develop 
ment  of  industry ;  it  takes  pride  in  the  ability 
that  invents,  in  the  talent  that  can  organize 
effort  and  make  co-operation  productive ;  it 
honors  honest  toil  of  hand  or  brain ;  it  prizes 
sagacity  and  thrift;  it  extols  prudence ;  it  rev 
erences  achievement.  But  it  also  demands 
honesty.  It  also  exacts  fidelity,  both  to  private 
and  to  public  obligation.  It  believes  in  free 
dom  of  opportunity,  not  that  a  few  may  exploit 
the  many,  but  that  each,  working  according  to 


Buffalo  Chamber  of  Commerce,  1907  129 

his  talent,  may  receive  a  just  return,  and  that 
the  rights  of  all  in  their  community  relations 
shall  be  paramount  to  the  selfish  interest  of 
any  one. 

The  people  draw  a  clear  distinction  between 
the  builders  and  the  destroyers  of  our  Com 
monwealth.  Work  is  honorable  and  no  true 
American  begrudges  the  workman  his  well- 
earned  reward.  For  the  rank  and  file  who  are 
toiling  to  develop  the  resources  of  our  country 
and  to  facilitate  the  exchanges  of  commerce  ; 
for  the  great  army  of  workers  in  their  varied 
fields  of  effort  who  are  giving  their  lives  to 
industry  and  making  possible  our  commercial 
development,  the  people  have  naught  but 
praise.  They  are  not  against  business,  but 
against  abuses ;  and  to  preserve  the  interests 
of  the  former  the  latter  must  be  stopped. 

Who  are  the  enemies  of  the  Republic  ? 
They  are  not  those  who  are  doing  an  honest 
day's  work  and  who  seek  to  do  their  work 
under  fair  and  decent  conditions. 

They  are  not  those  who  manage  industry 
and  commerce  with  just  regard  for  those  who 
are  under  their  direction  and  with  proper 
recognition  of  public  rights. 

They  are  not  those  who,  husbanding  the 
resources  they  have  lawfully  acquired,  seek  to 


130  Charles  Evans  Hughes 

enlarge  the  field  of  enterprise  and  to  afford 
opportunity  for  new  and  useful  employments. 

They  are  not  those  who,  taking  account  of 
the  evils  that  afflict  society,  attempt  to  provide 
adequate  remedies. 

There  are  two  classes  of  enemies  to  the 
prosperity  of  this  country. 

The  first  consists  of  the  unscrupulous  who 
have  no  sympathy  with  democratic  ideals,  and 
who,  by  their  abuse  of  the  privileges  obtained 
from  the  State  and  their  cynical  indifference 
to  public  obligations,  bring  law  and  govern 
ment  into  contempt. 

The  second  class  consists  of  those  who  seek 
profit  in  unprincipled  agitation. 

The  second  thrives  upon  the  evils  created 
by  the  first. 

Now  the  great  progress  of  the  country,  so 
strikingly  exemplified  in  this  favored  city, 
must  give  us  pause.  Business  and  commerce 
must  have  stability,  but  they  cannot  find  it 
unless  the  public  confidence  is  maintained. 
This  means  efficient  government  and  adequate 
public  regulation  of  public  service.  There  is 
no  measure  more  truly  conservative  than  that 
which  commands  the  public  respect,  as  con 
serving  the  public  interest.  Favoritism  in 
public  service  is  an  iniquity  that  the  people 


Buffalo  Chamber  of  Commerce,  1907  131 

will  not  and  should  not  tolerate  ;  it  is  an  evil 
which  the  business  men  of  the  country  are 
determined  to  end.  The  public  are  entitled 
to  be  assured  that  the  business  which  is  con 
ducted  by  virtue  of  the  franchises  they  grant, 
is  conducted  as  the  public  interest  requires. 
They  desire  extensions  of  facilities  ;  they  wish 
to  encourage  betterments ;  they  have  no  in 
clination  to  hamper  industry ;  but  they  are 
tired  of  financial  jugglery,  and  they  demand 
proper  service.  There  is  no  reason  why  those 
who  are  endeavoring  to  meet  fairly  public 
obligations  should  suffer  by  the  improper 
practices  of  others  engaged  in  the  same  busi 
ness.  The  remedy  is  to  provide  such  regula 
tion  of  public  service  as  will  assure  the  people 
that  provision  has  been  made  for  the  investiga 
tion  of  every  question  and  that  each  matter 
will  be  decided  according  to  its  merits  in  the 
light  of  day. 

But  equally  important  is  it  to  insist  upon 
the  maintenance  of  the  highest  standards  of 
administration  in  government  and  not  to  tol 
erate  any  prostitution  of  public  office  to  selfish 
purposes.  Now  I  have  confidence  in  the  peo 
ple.  And  I  have  no  confidence  in  those  make 
shifts  which  result  from  distrust  of  the  people. 
But  whether  you  have  confidence  or  not  in 


132  Charles  Evans  Hughes 

popular  judgment,  let  me  assure  you  that  in 
this  country  it  is  idle  to  inveigh  against  it. 
You  must  abide  by  it.  And  the  security 
of  business  is  in  the  provision  of  adequate 
means  for  responsible  government,  in  holding 
officials  strictly  to  account  for  their  perform 
ance  of  duty,  and  in  a  compliance  on  the 
part  of  those  in  charge  of  our  great  business 
enterprises  with  the  obvious  demands  of 
justice. 


V. 

Speech    before    the   Elmira  Chamber  of 
Commerce,  May  3,  1907.* 

I  did  not  come  here  to-night  to  join  in  a  de 
bate.  It  is  entirely  true  that  I  had  purposed 
to  say  some  things  in  regard  to  the  very  meas 
ure  about  which  my  friend  Mr.  Stanchfield  has 
spoken,  and  I  shall  not  say  any  less,  but  per 
haps  something  more.  In  distinction  from  my 
learned  friend,  I  am  here  under  a  retainer.  I 
am  here  retained  by  the  people  of  the  State  of 
New  York,  to  see  that  justice  is  done,  and 
with  no  disposition  to  injure  any  investment, 
but  with  every  desire  to  give  the  fullest  oppor 
tunity  to  enterprise,  and  with  every  purpose 
to  shield  and  protect  every  just  property  in 
terest.  I  stand  for  the  people  of  the  State  of 
New  York  against  extortion,  against  favoritism, 

*  Governor  Hughes  had  prepared  a  speech  for  this  occasion  but 
Mr.  John  B.  Stanchfield,  who  spoke  before  he  did,  made  an  attack 
upon  the  Public-Service  Commissions  bill,  saying  as  he  did  so  that 
he  was  "  under  no  retainer  from  the  railroads,"  and  the  Governor 
abandoned  his  prepared  speech  to  make  an  extemporaneous  reply  to 
Mr.  Stanchfield's  arguments. 

133 


134  Charles  Evans  Hughes 

against  financial  scandal,  and  against  every 
thing  that  goes  to  corrupt  our  politics  by 
interference  with  the  freedom  of  our  Legis 
lature  and  administration.  I  stand  for  honest 
government  and  effective  regulation  by  the 
State  of  public-service  corporations. 

Now,  I  am  fully  conscious,  as  is  every  one 
who  professes  to  have  a  modicum  of  intelli 
gence,  of  the  tremendous  advantages  which 
the  country  and  every  community  in  it  have 
derived  from  the  extension  of  our  railroad 
facilities.  Our  communities  would  be  life 
less,  our  trade  would  collapse,  we  would  all  be 
worse  than  dead,  were  it  not  for  these  oppor 
tunities  of  communication  and  these  facilities 
of  transportation.  We  honor  every  just  ef 
fort  to  make  these  possible.  We  want  every 
opportunity  afforded  to  enable  the  people  to 
move  their  produce,  and  we  want  fair  treat 
ment  to  those  who  are  engaged  in  this  very 
necessary  activity.  Yet  it  is  said  that,  despite 
the  prosperity  of  the  country  and  the  great 
benefits  that  have  been  derived  from  the 
extension  of  our  transportation  facilities, 
there  is  a  state  of  unrest;  that  there  is  a 
general  condition  of  discontent  throughout  the 
country.  Why?  Is  it  because  of  extension 
of  means  of  communication  ?  Will  any  one 


Elmira  Chamber  of  Commerce,  1907  135 

suggest  to  an  intelligent  audience  that  Ameri 
can  citizens  are  in  revolt  against  their  own 
prosperity  ?  What  they  revolt  against  is  dis 
honest  finance.  What  they  are  in  rebellion 
against  is  favoritism  which  gives  a  chance  to 
one  man  to  move  his  goods  and  not  to  another ; 
which  gives  to  one  man  one  set  of  terms  and 
another  set  to  his  rival ;  which  makes  one  man 
rich  and  drives  another  man  into  bankruptcy 
or  into  combination  with  his  more  successful 
competitor.  It  is  a  revolt  against  all  the  in 
fluences  which  have  grown  out  of  an  unlicensed 
freedom,  and  of  a  failure  to  recognize  that 
these  great  privileges,  so  necessary  for  public 
welfare,  have  been  created  by  the  public  for 
the  public  benefit  and  not  primarily  for  private 
advantage. 

There  has  been  a  determined  effort  through 
the  State  to  make  it  appear  that  the  Chambers 
of  Commerce  in  New  York  and  the  business 
men  composing  those  Chambers  of  Commerce 
are  opposed  to  an  effective  scheme  of  State 
regulation  of  public-service  corporations  and 
opposed  to  the  specific  measure  now  pending 
in  the  Legislature  having  that  object  in  view. 

I  do  not  believe  that  the  resolutions  that 
have  been  passed  reflect  the  sentiment  of  the 
business  men  of  the  State  of  New  York.  It 


136  Charles  Evans  Hughes 

would  be  most  unfortunate  were  it  so.  There 
are  undoubtedly  many  whose  interests  are 
directly  affected,  and  who  desire  to  maintain 
existing  conditions  and  to  enjoy  unrestricted 
freedom  in  order  that  they  may  give  rein  to 
their  own  selfish  purposes,  who  undoubtedly 
are  frankly  and  consistently  against  the  propo 
sition.  There  are  others  who  throw  a  sop 
to  public  opinion  by  saying  that  they  believe 
in  regulation  and  who  then  will  contest  with 
you  any  provision  that  promises  effective 
regulation. 

I  heard  a  distinguished  railway  man  the 
other  night  speak  of  the  great  difficulties 
under  which  railroads  are  now  suffering,  en 
deavoring  to  keep  up  with  the  extraordinary 
demands  that  are  incident  to  our  very  rapid 
improvement  and  development  in  commerce. 
I  sympathize  with  those  difficulties.  I  sympa 
thize  with  the  operating  man  who  lies  awake 
nights  trying  to  devise  means  by  which  he  can 
improve  traffic  facilities.  I  sympathize  with 
the  great  army  of  active  railroad  men  who, 
under  severe  conditions,  are  trying  to  perform 
their  duty.  There  is  nothing  antagonistic  to 
them,  or  to  anybody  who  desires  to  deal 
squarely  with  the  public,  within  the  four 
corners  of  that  bill.  This  gentleman  said, 


Elmira  Chamber  of  Commerce,  1907  137 

speaking  for  the  railroads  :  "  We  want  friendly 
co-operation  ;  we  want  protection  against  ag 
gression  and  injustice."  And  I  speak  for  the 
people  by  saying :  "  So  do  we."  That  is 
what  we  want  on  both  sides  —  friendly  co 
operation  for  just  ends  and  protection  against 
aggression  and  injustice. 

I  am  amused  at  times  at  the  phantoms  that 
are  conjured  up  by  practical  men  whose  ex 
perience  should  have  taught  them  better.  It 
is  said  that  a  commission  with  such  broad 
powers  would  take  active  management  of  rail 
road  corporations  and  practically  oust  their 
boards  of  directors.  Imagine  the  situation  of 
any  such  commission  taking  into  consider 
ation  the  vast  variety  of  questions  relating 
to  the  management  of  any  one  railroad  cor 
poration.  Think  of  the  great  number  of  prob 
lems  and  complaints  necessarily  committed 
to  any  such  commission,  and  then  tell  an 
intelligent  American  audience  that  any  such 
commission  could,  if  it  wanted  to,  manage  any 
railroad  ! 

But  what  is  important  and  vital  to  any 
scheme  of  regulation  is  this  :  That  wherever 
there  is  an  abuse  the  commission  can  put  its 
finger  on  it  and  hear  the  evidence  and  deter 
mine  whether  or  not  the  abuse  exists,  and  if 


138  Charles  Evans  Hughes 

it  does  exist  stop  it,  no  matter  in  what  depart 
ment  of  management  it  may  be.  Why,  you 
cannot  do  that  unless  you  give  power  which 
in  an  emergency  will  reach  any  department  of 
management,  so  that  wherever  an  evil  exists 
which  the  State  ought  to  control  and  correct, 
the  power  delegated  by  the  State  to  such 
a  body  can  be  exercised  for  its  correction. 
That  does  not  mean  that  any  commission 
should  displace  the  operating  management  of 
any  particular  property.  It  does  mean  that 
they  should  have  the  power  to  exercise  con 
trol  sufficient  to  correct  abuses  that  might 
exist.  Now,  when  we  consider  these  matters 
in  detail,  you  will  find,  and  I  have  found,  the 
railroad  men  sitting  quietly  down  with  you 
and  talking  it  over.  You  take  up  one  thing 
after  another  and  they  will  say :  "  Yes,  they 
ought  to  have  power  to  do  so."  Suppose  so 
and  so  ?  Yes,  they  ought  to  have  power  to 
do  it,  assuming  that  they  start  with  the  prem 
ise  that  the  business  of  the  public-service  cor 
poration  is  a  public  business.  There  are  many 
who  lay  down  that  premise  very  glibly,  never 
to  remember  it  again  ;  and  who,  having  admit 
ted  to  you  that  the  management  of  the  rail 
road  is  public  business,  forthwith  will  argue 
with  you  that  it  is  their  own  private  concern. 


Elmira  Chamber  of  Commerce,  1907  139 

But  when  you  deal  with  a  railroad  man  who 
fairly  and  squarely  meets  you,  you  will  find 
that  he  will  agree  that  these  powers  are  needed, 
supposing  that  abuses  exist  which  would  call 
them  into  action.  The  other  night  I  was  talk 
ing  to  such  a  gentleman,  and  when  we  got 
through,  the  practical  result  of  all  was  this : 
I  said  to  him  :  "  What  you  really  want  is 
a  chance  to  go  to  the  courts  ?  "  And  he  said  : 
"Yes,  that  is  all  there  is  about  it."  That 
seemed  to  be  the  main  point.  A  chance  to  go 
from  the  commission  to  the  courts. 

I  have  the  highest  regard  for  the  courts. 
My  whole  life  has  been  spent  in  work  con 
ditioned  upon  respect  for  the  courts.  I  reckon 
him  one  of  the  worst  enemies  of  the  commu 
nity  who  will  talk  lightly  of  the  dignity  of  the 
bench.  We  are  under  a  Constitution,  but  the 
Constitution  is  what  the  judges  say  it  is,  and 
the  judiciary  is  the  safeguard  of  our  liberty 
and  of  our  property  under  the  Constitution. 
I  do  not  want  to  see  any  direct  assault  upon 
the  courts,  nor  do  I  want  to  see  any  indirect 
assault  upon  the  courts.  And  I  tell  you,  ladies 
and  gentlemen,  no  more  insidious  assault  could 
be  made  upon  the  independence  and  esteem 
of  the  judiciary  than  to  burden  it  with  these 
questions  of  administration, — questions  which 


140  Charles  Evans  Hughes 

lie  close  to  the  public  impatience,  and  in  re 
gard  to  which  the  people  are  going  to  insist 
on  having  administration  by  officers  directly 
accountable  to  them. 

Let  us  keep  the  courts  for  the  questions 
they  were  intended  to  consider.  When  ques 
tions  of  property  rights  are  involved, — the 
constitutional  right  to  hold  property  and  not 
to  be  deprived  of  it  without  due  process  of 
law  is  involved  ;  when,  under  the  guise  of 
regulation  or  authority  to  supervise  railroad 
management,  there  is  an  assumption  of  arbi 
trary  power  not  related  to  public  convenience  ; 
when  there  is  a  real  judicial  question — let  the 
courts  have  it  and  every  good  citizen  will 
stand  aside  and  hope  to  see  it  decided  fairly 
and  with  even-handed  justice. 

When  you  deal  with  matters  of  this  sort 
you  may  be  sure  that  there  will  be  a  variety  of 
questions,  which,  whatever  the  fact  may  ultim 
ately  be  proved  to  be,  can  by  astute  lawyers  be 
said  to  involve  such  judicial  matters,  and  there 
will  be  abundant  opportunity  for  review  of 
everything  that  should  be  reviewed.  But  to 
say  that  all  these  matters  of  detail  which 
will  be  brought  before  the  commission, — mat 
ters  requiring  men  to  give  their  entire  atten 
tion  to  the  subject,  to  get  their  information 


Elmira  Chamber  of  Commerce,  1907  141 

in  a  variety  of  ways,  to  have  hearings  of 
those  interested,  and  to  deal  with  questions 
from  a  practical  standpoint, —  should,  at  the 
option  of  the  corporations,  be  taken  into 
court,  is  to  make  a  mockery  of  your  regula 
tion.  And,  on  the  other  hand,  if  that  policy 
should  succeed,  it  would  swamp  your  courts 
with  administrative  burdens  and  expose  them 
to  the  fire  of  public  criticism  in  connection 
with  matters  of  this  description,  from  which  I 
hope  they  will  be  safeguarded. 

You  must  have  administration,  and  you  must 
have  administration  by  administrative  officers. 
You  cannot  afford  to  have  it  otherwise.  Under 
the  proper  maintenance  of  your  system  of  gov 
ernment  and  in  view  of  the  wide  extension  of 
regulating  schemes  which  the  future  is  destined 
to  see,  you  cannot  afford  to  have  that  ad 
ministration  by  your  courts.  With  the  courts 
giving  a  series  of  decisions  in  these  administra 
tive  matters  hostile  to  what  the  public  believes, 
and  free  from  that  direct  accounting  to  which 
administrative  officers  are  subject,  you  will 
soon  find  a  propaganda  advocating  a  short- 
term  judiciary,  and  you  will  turn  upon  our 
courts  —  the  final  safeguard  of  our  liberties  — 
that  hostile  and  perhaps  violent  criticism  from 
which  they  should  be  shielded  and  will  be 


142  Charles  Evans  Hughes 

shielded  if  left  with  the  jurisdictions  which  it 
was  intended  they  should  exercise. 

Now  it  seems  to  be  regarded  as  a  very  serious 
thing  that  my  successor  might  remove  the  com 
missioners  I  appoint.  I  do  not  share  the  fears 
of  my  friend,  because  the  experience  of  the  past 
has  taught  us  that  the  only  safety  of  democratic 
government  is  responsible  government.  If  you 
put  men  in  a  position  where  they  cannot  be 
reached  and  are  not  compelled  to  be  account 
able,  you  put  a  premium  upon  incompetency, 
you  put  a  premium  upon  political  interference 
and  set  the  people  at  bay.  Do  you  want  these 
commissioners  elected  ?  Some  might  say  "Yes." 
I  say  that  is  not  the  way  to  get  really  responsi 
ble  government,  but  rather  diffused  responsi 
bility  ;  to  prevent  unity  of  administration,  to 
break  up  a  system  of  accountability  which 
would  be  found  to  answer  the  purpose.  If  you 
apply  it  in  that  case,  why  not  through  the 
whole  administrative  field  ?  Voters  would  not 
know  the  qualifications  of  the  men  for  whom 
they  were  voting,  and  they  would  have  no  op 
portunity  to  test  their  qualifications  for  this 
administrative  position  or  that.  There  is  one 
safety  for  the  voters,  and  that  is  to  say  to 
the  man  who  is  elected  Governor,  just  as  the 
owner  of  a  business  would  say  to  a  man  he 


Elmira  Chamber  of  Commerce,  1907  143 

puts  in  control  of  that  business  :  "  You  run 
this  business  and  I  will  hold  you  accountable 
for  it."  Pick  your  man  and  get  the  right  man, 
and  hold  him  directly  accountable  to  the  peo 
ple.  Say  to  him  :  "  You  whom  we  can  watch  — 
you  with  reference  to  whose  selection  public 
sentiment  in  the  first  instance  has  the  largest 
play  under  our  system, —  you  run  the  business 
and  we  will  see  how  you  run  it." 

We  have  had  a  recent  illustration.  Eigh 
teen  months  ago  the  whole  country,  and  you 
might  say  the  whole  world,  was  shocked  by 
the  revelation  of  corruption  in  those  insti 
tutions  which  we  deemed  strongest  and  which 
we  supposed  to  be  officered  by  the  most 
honorable  and  efficient  managers.  It  was  a 
business  that  constituted  a  sacred  trust,  and 
affected  the  savings  and  securities  of  thousands 
of  homes  throughout  our  State.  And  when 
it  appeared  that  those  who  were  trusted 
were  faithless ;  when  it  appeared  that  these 
funds  had  been  used  for  extravagant,  corrupt 
purposes,  that  book-keeping  had  been  decep 
tive,  that  vouchers  had  been  improper,  that  all 
the  safeguards  which  go  to  maintain  proper 
administration  had  been  neglected, —  a  great 
outcry  went  up  from  the  people  of  the  State 
and  the  people  of  the  United  States.  They 


144  Charles  Evans  Hughes 

said :  "  This  thing  must  stop  !  "  And  that  was 
in  a  business  under  governmental  control. 
That  was  in  a  business  under  a  control 
designed  by  statutes  which  pried  into  the 
very  life  of  every  department  of  activity. 
It  was  a  State  department  in  the  hands  of 
those  who  could  walk  into  offices,  take  ac 
counts,  examine  books,  put  officers  on  oath, 
and  make  reports.  It  was  a  business  put  under 
severe  regulations  because  of  its  high  impor 
tance, — and  these  things  happened.  What 
a  farce  it  all  was !  And  the  people  of  the 
State  knew  it. 

When  I  went  into  office  some  eight  months 
or  so  after  the  laws  had  been  enacted  which 
resulted  from  that  investigation,  there  was 
practically  the  same  condition  of  affairs  that 
had  existed  in  the  course  of  the  insurance  in 
vestigation,  and  the  very  men  through  whose 
negligence  and  connivance  all  these  things  had 
taken  place  were  there  as  the  trusted  and  con 
fidential  advisers  of  the  Superintendent.  It 
was  an  intolerable  situation.  No  business 
manager  would  have  stood  it.  There  was  no 
personal  question  involved.  It  would  have 
been  much  more  agreeable  to  me  to  leave  it 
alone.  But  it  was  there,  and  it  was  my  duty 
to  endeavor  to  put  the  department  upon  the 


Elmira  Chamber  of  Commerce,  1907  145 

best  possible  basis  of  efficiency  to  protect  the 
interests  of  the  policyholders,  and  I  sought 
to  do  it. 

Now,  that  is  an  illustration  of  the  situation 
where  places  are  created  which  are  removed 
from  any  direct  accounting.  No  removability 
except  by  the  Senate  means  incompetent  and 
inefficient  administration,  and  in  the  long  run 
political  administration.  I  do  not  care  who  is 
Governor,  in  the  long  run  the  one  safeguard 
of  the  American  people  is  responsible  govern 
ment  with  power  adequate  to  meet  the  re 
sponsibility  and  accountability  to  the  people 
for  the  exercise  of  that  power. 

Now  we  want  in  these  measures,  as  in  other 
measures,  to  be  just ;  but  we  want  to  be  effec 
tive.  We  cannot  have  any  power  that  is  not 
susceptible  of  abuse.  There  is  not  a  single 
State  officer  who  has  power  enough  to  do  his 
duty  but  could  be  guilty  of  a  serious  abuse  if 
he  neglected  his  duty. 

In  your  Mayor  and  in  your  Governor,  and 
in  others  entrusted  with  administrative  powers, 
you  must  repose  confidence.  And  if  these 
men  really  stand,  not  in  some  secluded  nook, 
protected  by  some  statute  passed  without  due 
regard  to  the  public  interest,  but  directly  be 
fore  the  bar  of  public  opinion,  in  the  long  run 


146  Charles  Evans  Hughes 

the  people  will  get  their  due.  And  my  policy 
in  this  measure,  as  in  every  other  measure,  is 
simply  to  see  to  the  best  of  my  ability  during 
my  short  term  that  the  people  get  what  they 
are  entitled  to  receive. 


VI. 
Veto  of  the  Two- Cent  Fare  Bill. 

STATE  OF  NEW  YORK — EXECUTIVE  CHAMBER. 

ALBANY,  June  n,  1907. 

To  the  Assembly  : 

I  return  herewith,  without  my  approval, 
Assembly  Bill  No.  2269,  entitled,  "  An  Act  to 
amend  the  railroad  law,  in  relation  to  rates  of 
fare." 

This  bill,  with  specified  exceptions,  provides 
for  a  maximum  passenger  fare  of  two  cents 
per  mile  upon  the  railroads  in  this  State. 
Steam  railroads  less  than  150  miles  in  length, 
which  are  not  within  the  counties  of  New 
York  and  Kings  (or  within  the  limits  of  an  in 
corporated  city),  are  permitted  a  higher  maxi 
mum  charge  of  three,  four,  and  five  cents  a 
mile  according  to  length  of  line,  unless  through 
consolidation,  lease,  or  control  they  form  part 
of  a  system  whose  combined  lines  exceed 
150  miles,  in  which  case  the  provision  for  a 
maximum  rate  of  two  cents  a  mile  is  applicable. 

147 


148  Charles  Evans  Hughes 

The  passage  of  the  bill  was  not  preceded 
by  legislative  investigation  or  suitable  inquiry 
under  the  authority  of  the  State.  Nor  is  the 
fixing  of  this  rate  predicated  on  reports  or 
statistics  officially  collated  which  would  permit 
a  fair  conclusion  as  to  the  justice  of  its  opera 
tion  with  reference  to  the  railroads  within  its 
purview.  It  plainly  reflects  dissatisfaction 
with  existing  conditions  and  an  effort  to  pro 
vide  a  remedy  through  arbitrary  action.  It 
seems  largely  to  have  been  the  result  of  an 
noying  requirements  and  discriminations  in 
connection  with  the  sale  of  mileage  books 
on  certain  roads. 

The  bill  represents  a  policy  seriously  mis 
taken  and  pregnant  with  disaster.  It  is  of  the 
utmost  importance  that  the  management  of 
our  railroad  corporations  should  be  subject 
to  strict  supervision  by  the  State  and  that 
regulations  compelling  the  observance  of  the 
law  and  proper  and  adequate  service  should 
be  rigidly  enforced.  It  is  the  duty  of  these 
corporations  to  provide  transportation  of  pas 
sengers  and  goods  at  reasonable  rates,  and  the 
State  should  compel  the  performance  of  this 
obligation. 

But  injustice  on  the  part  of  railroad  cor 
porations  toward  the  public  does  not  justify 


Two-Cent  Fare  Bill,  1907        149 

injustice  on  the  part  of  the  State  toward  the 
railroad  corporations.  The  action  of  govern 
ment  should  be  fair  and  impartial,  and  upon 
this  every  citizen,  whatever  his  interest,  is 
entitled  to  insist.  We  shall  make  matters  not 
better  but  worse  if  to  cure  one  wrong  we 
establish  another.  The  fact  that  those  in  con 
trol  of  railroad  corporations  have  been  guilty 
of  grossly  improper  financiering  and  of  illegal 
and  injurious  discriminations  in  charges  points 
clearly  to  the  necessity  of  effective  State  ac 
tion,  but  does  not  require  or  warrant  arbitrary 
reprisals.  In  dealing  with  these  questions 
democracy  must  demonstrate  its  capacity  to 
act  upon  deliberation  and  to  deal  justly. 

It  is  of  the  greatest  importance  not  only 
that  railroad  corporations  should  be  compelled 
to  respect  their  public  obligations,  but  also 
that  they  should  be  permitted  to  operate  un 
der  conditions  which  will  give  a  fair  return  for 
their  service.  Upon  this  depend  not  simply 
the  security  of  investors,  but  the  security  of 
their  employees  and  the  protection  of  every 
form  of  industry  and  commerce  through  the 
maintenance  and  extension  of  necessary  trans 
portation  facilities.  Nothing  could  be  more 
opposed  to  the  interests  of  the  community  as 
a  whole  than  to  cripple  transportation  corpora- 


150  Charles  Evans  Hughes 

tions  by  arbitrary  reduction  of  earnings.  It 
may  be  said  that  a  two-cent  passenger  rate  is 
not  so  extreme  as  to  have  a  very  injurious 
result.  But  this  is  a  debatable  question. 
Large  and  prosperous  suburban  communities 
have  been  built  up  through  the  offer  of  com 
mutation  rates  much  less  than  the  proposed 
maximum.  Upon  the  maintenance  of  these 
rates  many  thousands  of  our  citizens  rely. 
Considerable  differences  exist  between  the 
railroad  corporations  with  respect  to  the  ter 
ritory  they  serve  and  the  cost  of  service,  and 
it  is  manifest  that  what  would  be  fair  for  one 
might  be  far  from  fair  for  another.  An  arbi 
trary  dislocation  of  tariffs  by  the  fiat  of  the 
Legislature  without  investigation  is  a  matter 
of  serious  concern.  The  best  that  could  be 
said  for  such  legislation  would  be  that  it  should 
be  regarded  as  an  isolated  case  and  not  as  a 
precedent.  For  if  flat  freight  rates,  either  for 
all  commodities  or  for  different  kinds  of  com 
modities,  were  similarly  to  be  fixed  by  the 
Legislature  without  investigation  or  proper 
ascertainment  of  their  justice,  our  railroad 
business  and  our  industrial  and  commercial 
interests  would  be  thrown  into  confusion. 

I  do  not  mean  to  be  understood  as  saying 
that  a  maximum  two-cent  passenger  rate  would 


Two-Cent  Fare  Bill,  1907         151 

be  unreasonably  low.  It  might  be  high  enough 
in  many  cases.  Possibly  it  would  be  high 
enough  in  all  cases.  I  fully  appreciate  the 
fact  that  those  who  have  promoted  this  bill 
believe  that  such  a  rate  would  be  fair.  But  I 
deem  it  most  important  that  the  policy  of  deal 
ing  with  matters  of  this  sort  arbitrarily,  by 
legislative  rule  of  general  application  without 
reference  to  the  demands  of  justice  in  particu 
lar  cases,  should  be  condemned.  Every  work- 
ingman,  every  tradesman,  and  every  citizen 
believing  himself  to  have  aught  at  stake  in  the 
prosperity  of  the  country,  should  determinedly 
oppose  it.  For  it  not  only  threatens  the  sta 
bility  of  business  enterprise  which  makes  our 
prosperity  possible,  but  it  substitutes  unreason 
for  sound  judgment,  the  ill-considered  demands 
of  resentment  for  the  spirit  of  fair  play,  and 
makes  impossible  patient  and  honorable  effort 
to  correct  abuses. 

There  is  a  better  way.  It  has  already  been 
pointed  out  in  the  legislation  of  this  State.  It 
is  practically  impossible,  in  view  of  the  nature 
of  the  problems  and  the  many  questions  re 
quiring  consideration,  for  the  Legislature  to 
deal  directly  with  railroad  rates  in  a  satisfac 
tory  manner.  Where  a  matter  requires  in 
vestigation  in  order  that  a  just  result  may  be 


152  Charles  Evans  Hughes 

reached,  the  obvious  course  is  to  create  a  body 
which  can  investigate,  with  expert  assistance, 
as  summarily  as  possible,  and  which  shall  have 
adequate  power  to  make  appropriate  orders. 
Such  a  body  has  been  created  in  this  State 
through  the  Public-Service  Commissions  Law 
recently  enacted. 

Provision  is  made  for  inquiry  into  matters 
of  freight  rates  and  passenger  fares,  and  for 
the  fixing  of  such  rates  as  shall  be  found  just 
and  reasonable.  If  a  passenger  rate  of  two 
cents  a  mile  is  just  and  reasonable,  it  can  be 
fixed.  If  it  is  not  just  and  reasonable,  it 
should  not  be  fixed. 

It  will  be  said  that  this  requires  time  and 
investigation.  But  it  will  not  require  any 
longer  time  or  any  more  protracted  investiga 
tion  than  are  necessary  to  reach  a  right  result. 
The  interests  of  the  country  are  so  great 
and  our  individual  interests  are  so  closely 
interwoven  that  it  is  to  the  highest  degree 
dangerous  to  give  encouragement  to  the 
spirit  of  impatience  with  the  orderly  proc 
esses  of  inquiry. 

It  may  also  be  said  that  many  other  States 
have  adopted  similar  legislation.  If  the  prin 
ciple  of  that  legislation  be  sound  we  could 
readily  follow  the  precedent ;  but  if  it  be 


Two-Cent  Fare  Bill,  1907         153 

unsound  there  is  the  greater  reason  why  it  should 
not  be  followed.  The  State  of  New  York  has 
provided  machinery  to  settle  these  questions 
justly  to  all  with  as  much  despatch  as  possible. 
It  is  to  the  interest  of  all  that  this  machinery 
should  be  made  as  perfect  and  efficient  as  pos 
sible.  It  is  to  the  interest  of  none  that  it 
should  be  discarded  because  of  preference  for 
arbitrary  legislative  action. 

If  this  bill  were  to  become  a  law  it  would 
most  probably  lead  in  many  cases — on  account 
of  pretended  or  real  necessity — to  economies 
in  service  and  to  readjustment  of  rates  now 
lower,  to  the  annoyance  and  injury  of  consid 
erable  numbers  of  the  travelling  public  for 
which  the  gain  to  others  would  not  necessarily 
compensate.  Again,  the  validity  of  such  a 
statute  would  almost  certainly  be  contested  in 
protracted  litigation,  the  result  of  which,  to 
say  the  least,  would  be  in  doubt.  At  a  critical 
time,  when  the  interests  of  all  demand  that 
reason  and  judgment  should  control  in  dealing 
with  such  matters,  we  should  have  abandoned 
our  true  line  of  action  and  facilitated  still 
wider  departures. 

I  therefore  disapprove  this  bill. 

(Signed)         CHARLES  E.  HUGHES. 


III. 


Occasional   Addresses, 


"  If  in  administration  we  make  the  standard  efficiency 
and  not  partisan  advantage,  if  in  executing  the  laws  we 
deal  impartially,  if  in  making  the  laws  there  is  fair  and 
intelligent  action  with  reference  to  each  exigency,  we  shall 
disarm  reckless  and  selfish  agitators  and  take  from  the  ene 
mies  of  our  peace  their  vantage  ground  of  attack.  It  is  my 
intention  to  employ  my  constitutional  powers  to  this  end." — 
From  Governor  Hughes's  Inaugural  Address,  January 
I  1907. 


155 


I. 

Speech  at  the  Banquet  of  the  Albany 
Republican  Organization,  February 
27,  1907. 

We  are  all  interested  in  the  success  of  the 
Republican  party.  I  have  been  a  Republican 
from  the  time  I  came  of  age.  I  am  grateful 
for  the  splendid  services  it  has  rendered  to  the 
country  and  for  the  memories  of  the  noble  men 
under  whose  leadership  in  repeated  crises  the 
party  has  proved  itself  equal  to  the  task  of 
preserving  and  administering  the  government. 
There  is  no  political  organization  in  this  coun 
try  which  at  this  time  has  such  an  opportunity 
of  serving  the  people  by  efficient  administra 
tion  and  by  wise  constructive  effort  in  the  cor 
rection  of  known  evils.  The  party  has  its 
future  in  its  own  keeping,  and  if  it  will  measure 
up  to  its  traditions  and  meet  its  opportunities 
it  will  for  many  years  be  invincible  both  in 
State  and  Nation. 

I  do  not  condone  any  public  wrong  because 

it  is  committed  by  a  Republican  any  more  than 

157 


158  Charles  Evans  Hughes 

I  would  were  it  committed  by  a  Democrat. 
Nor  do  I  think  that  loyalty  to  party  requires 
support  of  anything  wrong  either  in  policy 
or  in  administration  which  we  would  feel 
free  to  condemn  if  the  wrongdoing  could 
be '  charged  to  those  of  a  different  political 
faith.  No  one  can  convince  me  that  he  is  a 
loyal  Republican,  with  the  interests  of  the 
party  at  heart,  who  will  misuse  official  position 
or  will  be  content  with  anything  short  of  the 
best  service  of  the  people.  I  count  it  the  high 
est  loyalty  to  the  party  to  insist  that  the  work 
done  under  Republican  auspices  shall  be  hon 
estly  done  and  well  done,  and  that  our  record 
of  administration  shall  not  be  smirched  by 
either  corruption  or  inefficiency. 

Organization  is  essential  to  successful  effort, 
and  no  sane  man  would  expect  any  political 
undertaking  to  be  successful  which  is  not  skil 
fully  organized  and  wisely  managed.  But  the 
success  of  political  organization,  important  as 
is  practical  management,  will  depend  upon  its 
ideals.  No  matter  how  skilfully  constructed 
or  astutely  led,  the  people  will  smash  any  or 
ganization  that  is  devoted  to  selfish  interests. 
Give  the  people  the  idea  that  the  main  purpose 
of  organization  is  to  secure  control  for  personal 
advantage  or  for  favored  interests,  and  sooner 


Albany,  February  27,  1907        159 

or  later  they  will  bring  to  grief  the  best-laid 
plans  of  the  most  astute  leaders.  But,  on  the 
other  hand,  convince  them  that  organization 
is  directed  to  the  purpose  of  maintaining  an 
honorable  party  policy  and  of  promoting  an 
administration  of  government  in  the  interest 
of  the  people,  and  they  will  rally  to  its  support. 
The  lessons  of  the  day  to  the  Republican 
party  in  this  State  are  not  hard  to  learn.  In 
1894,  as  a  rebuke  to  an  organization  that 
had  overreached  itself,  Governor  Morton  was 
elected  by  over  150,000  majority.  This  suc 
ceeded  many  years  of  Democratic  rule  and 
Democratic  opportunity.  In  the  last  three  pre 
sidential  elections  the  State  has  given  remark 
able  pluralities  for  the  Republican  candidate. 
McKinley  had  268,000  in  1896  and  143,000 
in  1900;  and  Theodore  Roosevelt  received 
over  175,000  in  1904.  The  Republican 
candidate  for  Governor  in  these  years,  while 
having  the  advantage  of  the  sentiment  created 
in  favor  of  the  candidates  of  the  national  party, 
fell  conspicuously  behind  the  national  candi 
date.  While  McKinley  had  268,000  in  1896, 
Governor  Black  received  212,000.  Where 
McKinley  had  143,000  in  1900,  Governor 
Odell  received  111,000.  While  Mr.  Roosevelt 
had  175,000  in  1904,  Governor  Higgins  had 


160  Charles  Evans  Hughes 

80,000.  But  we  have  a  far  more  striking 
divergence  when  we  compare  the  votes  cast  in 
the  intermediate  years  when  there  was  no  presi 
dential  campaign.  Thus,  while  Governor 
Black  received  212,000  in  1896,  Governor 
Roosevelt  was  elected  in  1898  by  a  little 
under  18,000.  While  Governor  Odell  received 
111,000  in  1900,  his  plurality  in  1902  was 
short  of  9000.  While  Governor  Higgins  was 
elected  by  80,000  in  1904,  in  the  last  election 
all  the  Republican  candidates  for  State  offices, 
save  one,  were  defeated. 

The  Republican  who  fails  to  realize  the  sig 
nificance  of  these  figures  is  paying  little  atten 
tion  to  the  demands  of  the  people  of  the  State 
and  the  relation  of  these  demands  to  party  suc 
cess.  Undoubtedly  there  were  special  circum 
stances  in  the  case  of  each  election.  But  it  is 
clearly  evident  that  on  State  issues  the  Re 
publican  party  will  be  doomed  to  defeat  unless 
it  gives  new  assurances  to  the  people  of  its 
capacity  to  govern  in  their  interest. 

Now,  I  do  not  profess  to  be  versed  in  the 
wisdom  of  politics,  and  I  make  no  claim  to 
knowledge  of  political  strategy.  But  I  do 
know  this :  That  if  the  Republican  party 
expects  to  succeed  in  this  State  it  must  support 
every  effort  to  give  efficient  administration. 


Albany,  February  27,  1907        161 

No  man  is  a  friend  of  the  Republican  party 
who  asks  me  or  any  one  in  authority  to  ap 
point  a  man  or  to  retain  a  man  who  is  not 
equal  to  his  job.  If  you  want  a  strong  party 
organization,  then  let  it  be  insisted  upon  that 
no  man  can  expect  the  support  of  the  organi 
zation  who  does  not  make  good.  Make  it  a 
point  of  honor  to  demand  the  best  service  for 
the  State.  Let  us  devote  ourselves  to  meeting 
the  need  of  the  hour  by  providing  just  and 
effective  measures  for  the  correction  of  abuses. 
The  Republican  party  has  the  vantage  ground; 
it  has  the  opportunity  ;  there  is  no  reason  why 
it  should  yield  it  to  its  opponents. 

I  make  no  request  for  personal  support.  So 
far  as  I  am  personally  concerned  my  interests 
lie  in  a  profession  to  which  I  would  be  glad 
to  devote  myself.  But  I  am  desirous  that  the 
Republican  party  should  take  advantage  of  its 
opportunity  to  convince  the  people  that  it  can 
be  trusted  to  meet  their  demand  in  furnishing 
competent  administration  of  every  department 
of  government,  and  in  the  enforcement  of  the 
laws,  and  in  the  enactment  of  the  legislation 
that  is  required  to  protect  the  people  against 
the  misuse  of  the  privileges  they  have  bestowed. 

For  that  policy  I  do  desire  support.  I  de 
sire  the  support  of  the  Republican  organization. 


1 62  Charles  Evans  Hughes 

I  am  grateful  for  the  assurances  that  have  been 
received.  Let  there  be  a  demonstration  that 
we  are  a  party  of  the  people  and  that  the 
interest  of  all  citizens  is  safe  in  our  keeping. 

Let  us  put  an  end  to  graft  and  to  favors  to 
special  interests.  Let  organization  be  skilful 
and  leaders  be  masterful,  but  let  all  seek  to 
secure  an  administration  of  which  all  the 
people  may  be  proud,  and  the  party  which  has 
given  the  nation  Lincoln,  Grant,  McKinley, 
and  Roosevelt  need  not  fear  defeat. 


II. 

Speech  at  the  National  Arbitration  and 
Peace  Congress,  New  York  City, 
April  15,  1907. 

It  is  not  my  function  to  deliver  a  formal 
address  upon  any  of  the  topics  which  will  en 
gage  your  attention,  but  rather  in  the  name  of 
the  State  of  New  York  to  bid  you  a  hearty 
welcome.  It  is  my  pleasant  duty  to  express 
the  gratification  of  our  citizens  at  the  meeting 
of  this  Congress  and  their  appreciation  of  the 
important  influences  which  must  radiate  from 
such  a  representative  assemblage. 

It  is  fitting  that  this  meeting  should  be  held 
in  a  State  representing  in  so  conspicuous  a 
degree  the  varied  activities  of  peace,  and  in 
a  metropolis  which  focusses  the  energies  of  a 
people  who,  in  beneficent  concord,  without 
desire  of  conquest  or  lust  of  power,  are  work 
ing  out  their  destiny  inspired  by  national  ideals 
of  equality  and  justice.  As  a  New  Yorker, 
and  as  one  representing  the  State  in  an  official 

capacity,  I  find  it  agreeable  to  recall  the  names 

163 


1 64  Charles  Evans  Hughes 

of  its  distinguished  sons  who  have  contributed 
in  a  marked  manner  to  achievements  in  the 
interest  of  the  peace  of  the  world.  You  will 
not  think  it  amiss  if  I  claim  for  this  r6le  of 
honor  the  foremost  citizen  of  the  Nation, 
whose  Federal  activities  have  not  obscured  his 
relationship  to  his  native  State,  and  the  lustre 
of  whose  fame  as  President  of  the  Republic 
has  been  heightened  by  his  service  as  pacifi 
cator.  And  New  York  has  also  given  to  the 
Nation  the  eminent  public  servant  who  has 
addressed  you,  the  keeper  of  our  foreign  inter 
ests,  in  whose  wise  diplomacy  every  citizen  is 
assured  of  the  astute  and  jealous  defence  of 
our  peaceful  policies.  We  may  also  claim 
by  right  of  his  adoption  the  presiding  genius 
of  this  Congress,  whose  personal  interest 
and  generous  benefactions  have  contributed 
so  notably  to  the  progress  of  this  world- 
movement. 

When  the  first  Peace  Congress  met  at  The 
Hague,  three  of  the  six  representatives  of  the 
United  States  were  New  Yorkers, — Andrew 
D.  White,  the  scholar  and  veteran  diplomatist ; 
that  eminent  citizen  of  this  metropolis,  Seth 
Low ;  and  the  lamented  Frederick  William 
Holls,  the  versatile  secretary  of  the  American 
Commission  and  the  historian  of  the  work  of 


National  Arbitration,  1907        165 

the  conference.  New  York  also  should  take 
special  pride  in  the  intelligent  service  in  the 
cause  of  international  arbitration  which,  long 
in  advance  of  the  meeting  of  that  conference, 
was  rendered  by  the  lawyers  of  this  State. 

In  January,  1896,  following  an  address  de 
livered  before  it  by  the  Honorable  Chauncey 
M.  Depew,  the  New  York  State  Bar  Associa 
tion  appointed  a  committee  to  consider  the 
subject  of  international  arbitration,  and  to 
devise  and  submit  to  it  a  plan  for  the  organi 
zation  of  a  tribunal  to  which  international 
questions  might  be  submitted.  In  April  of 
the  same  year,  after  careful  deliberation,  the 
committee  made  its  report,  recommending 
the  establishment  of  an  International  Court  of 
Arbitration,  to  be  composed  of  members 
selected  by  the  agreeing  nations  and  to  be 
open  at  all  times  for  the  submission  of  contro 
versies.  The  plan  was  laid  before  the  Presi 
dent  of  the  United  States,  and  later,  as 
Secretary  Foster  states  in  his  recent  work,  it 
became  the  basis  of  the  instructions  of  the 
American  delegates  to  The  Hague  Conference, 
and  in  accordance  with  this  plan  are  found  to  be 
the  essential  features  of  the  Permanent  Court 
now  in  existence  at  The  Hague.  It  is  gratify 
ing  to  trace  this  preliminary  and  influential 


1 66  Charles  Evans  Hughes 

activity  of  our  public-spirited  fellow  citizens, 
and  we  of  the  State  of  New  York  welcome 
the  members  of  this  Congress  with  a  cordiality 
emphasized  by  our  long  and  sincere  interest  in 
the  questions  you  are  to  consider. 

There  are  few,  if  any,  to  plead  the  cause  of 
war  in  general,  however  it  may  be  defended  in 
particular.  Statesmen  and  soldiers  alike  con 
demn  it,  and  against  its  monstrous  cruelties 
and  wastefulness,  commerce  and  sentiment  are 
allied.  The  necessity  of  war  as  a  last  defence 
of  liberty  and  honor  is  admitted  only  to  be 
deprecated,  and  in  the  desire  to  prevent  armed 
strife  there  is  almost  complete  unanimity.  There 
may  still  be  those  who  believe  in  the  benefi 
cent  effects  of  the  discipline  of  war,  and  who 
shrink  from  contemplating  a  society  enervated 
by  exclusive  devotion  to  the  pursuits  of  peace. 
Undoubtedly  benefits  have  been  conferred  by 
war.  Against  the  dark  background  of  ruin, 
desolation,  and  death,  the  elemental  virtues  of 
humanity  have  stood  out  in  bold  relief.  And 
aside  from  the  important  and  beneficial  results 
of  certain  wars,  the  world  has  largely  learned 
its  lessons  of  courage  and  fortitude,  of  the 
supremacy  of  duty  and  the  sacred  obligations 
of  honor  from  those  who,  in  fierce  but  heroic 

struggle,  have  revealed  the  noblest  qualities  of 
13 


National  Arbitration,  1907        167 

humanity.     "  He  maketh  the  wrath  of  man  to 
praise  Him." 

But  while  we  justly  appraise  these  conse 
quences  of  past  conflicts,  we  also  know  well 
their  cost,  and  we  keenly  appreciate  the  fright 
ful  evils  and  the  enormous  wastes  which  have 
been  incident  to  the  evolution  of  the  race 
through  strife.  We  rejoice  that  the  currents 
of  progress  lead  to  peace  and  that  the  time  is 
sure  to  come  when  war  will  be  unthinkable. 

We  can  no  longer  look  to  war  for  the 
development  of  either  national  or  individual 
character.  The  heroics  of  war  have  been 
replaced  by  mathematical  calculations.  If  it 
was  ever  anything  else,  it  is  now  unmitigated 
horror  exhibiting  chiefly  fiendish  aspects  of 
ingenuity  and  scientific  skill  in  destruction. 
Under  our  modern  conditions  of  civilization, 
the  supposed  beneficent  results  of  war  in  the 
development  of  courage  and  stamina  must  in 
any  conceivable  event  be  shared  by  so  few  of 
our  teeming  populations  that  even  the  most 
sanguinary  must  realize  that  the  time  has  gone 
by  when  by  any  stretch  of  imagination  it  can 
be  regarded  as  a  general  disciplinary  agent. 
And  in  the  controversies  of  peace  and  in  the 
bloodless  struggles  for  the  maintenance  of 
truth  and  justice  in  our  personal  and  civic 


1 68  Charles  Evans  Hughes 

relations,  must  be  found  the  arena  of  the 
future  in  which  character  may  find  severer 
tests  than  ever  were  afforded  by  historic 
battlefield. 

We  note  with  satisfaction  the  fact  that  war 
can  now  be  waged  only  under  onerous  condi 
tions,  and  the  increasing  pressure  of  economic 
considerations  for  the  recognition  of  the  funda 
mental  doctrines  of  the  Christian  faith.  The 
growth  of  representative  government  with  its 
restraints  upon  the  ambitions  of  despotism 
in  a  just  appreciation  of  the  general  welfare, 
our  complex  commercial  relations  ignoring 
national  boundaries,  and  our  growing  intima 
cies  tending  to  make  the  world  one  society 
instead  of  a  series  of  hostile  camps,  are  re 
ducing  the  possible  causes  of  armed  conflict 
and  powerfully  promoting  the  peaceful  settle 
ment  of  controversies. 

Much  can  undoubtedly  be  accomplished  by 
the  meeting  of  the  representatives  of  the 
nations  in  the  direction  of  perfecting  inter 
national  law  and  in  providing  suitable  con 
ventions  for  the  regulation  of  war.  No  doubt 
much  that  is  of  value  can  be  secured  in  the 
more  adequate  protection  of  commerce  and  of 
property  in  time  of  war. 

But  important  as  are  these  objects,  the  great 


National  Arbitration,  1907        169 

purpose  to  be  achieved  is  the  prevention  of 
war,  and  not  its  regulation. 

Among  nations  as  among  men,  the  require 
ments  of  the  sentiment  of  honor  are  subject 
to  revision  as  conscience  becomes  more  en 
lightened  and  truer  conceptions  of  personal 
dignity  gain  place.  And  it  may  be  reasonably 
expected  that  public  opinion,  taken  in  connec 
tion  with  the  serious  economic  aspects  of  war, 
will  gradually  reduce  the  possible  area  of  strife 
over  questions  thought  to  involve  the  national 
honor.  The  controversies  which  are  incident 
to  international  business  and  exchanges,  and 
those  which  relate  to  alleged  violations  of 
international  agreements,  may  be  composed 
without  resort  to  arms.  And  without  minimiz 
ing  the  conditions  which  still  exist,  threaten 
ing  the  peace  of  the  world,  we  have  reason  to 
congratulate  ourselves  that  the  reign  of  war  is 
nearly  over. 

In  working  for  the  interests  of  peace,  regard 
may  well  be  had  to  the  influences  which  have 
thus  far  proved  so  successful.  The  end  is  not 
to  be  sought  through  coercion,  or  by  the  vain 
attempt  to  compel  peace  by  force,  but  by  ex 
tending  to  the  utmost  provisions  for  delibera 
tion  and  for  conciliatory  measures. 

The  security  of  peace  lies  in  the  desire  of  the 


170  Charles  Evans  Hughes 

people  for  peace.  Protection  against  war  can 
best  be  found  in  the  reiterated  expression  of 
that  desire  throughout  the  nations  of  the 
earth,  and  by  convening  their  representatives 
in  frequent  assemblies.  Provision  for  stated 
meetings  of  the  Peace  Conference,  with  their 
opportunities  for  interchanges  of  official  opin 
ion,  the  perfecting  of  plans  for  submission 
to  arbitration,  and  the  improvement  of  the 
machinery  of  the  International  Court  indicate 
the  lines  along  which  substantial  progress  may 
be  made. 

The  people  of  the  State  of  New  York, 
cordial  in  their  welcome  to  the  delegates  to 
this  Congress,  will  watch  its  deliberations 
with  sympathetic  interest,  earnestly  desirous 
that  through  these  meetings  the  united  senti 
ment  of  the  United  States  may  find  effective 
expression. 


III. 

Address  at  the  Dedication  of  the  Buildings 
of  the  New  York  State  College  of 
Agriculture,  at  Cornell  University, 
April  27,  1907. 

You  have  celebrated  with  fitting  ceremony 
the  hundredth  anniversary  of  the  birth  of  Ezra 
Cornell.  Nothing  could  more  suitably  embody 
the  spirit  which  animated  him  in  the  founding 
of  Cornell  University  than  this  provision  for 
instruction  and  experiment,  for  the  spread  of 
useful  information,  and  for  intelligent  leader 
ship  in  order  to  promote  the  agricultural 
interests  of  this  State. 

The  progress  of  civilization  is  perhaps  most 
strongly  marked  by  the  widening  of  the  area 
of  instruction  and  the  diminution  of  failures 
due  to  untutored  and  unrelated  effort,  through 
the  establishment  of  schools  for  proper  train 
ing  and  for  the  communication  under  skilled 
direction  of  the  lessons  of  experience.  And 
the  modern  breadth  of  view  with  reference  to 

scholastic  purpose,   and  the  rapid  growth  in 

171 


172  Charles  Evans  Hughes 

appreciation  by  the  people  of  the  benefit  of 
scientific  instruction,  could  have  no  more  strik 
ing  illustration  than  the  establishment,  under 
the  auspices  of  the  State,  in  contact  with 
schools  of  liberal  arts,  of  politics,  and  of  law, 
of  this  school  of  agriculture. 

I  am  reminded  of  the  occasion  when,  fifteen 
years  ago,  as  a  member  of  the  staff  of  instruc 
tion  of  this  University,  I  listened  to  the 
inaugural  address  of  its  new  president.  I 
remember  well  the  mingled  expressions  of  con 
cern  as  to  the  wisdom  of  his  policy  and  admi 
ration  of  his  courage — not  to  say  audacity — in 
announcing  it.  Rarely  has  there  been  vouch 
safed  to  any  prophet  a  clearer  vision  or  a  more 
complete  fulfilment  of  his  prophecy.  Among 
other  things  President  Schurman  then  said  : 
"From  the  very  beginning  Cornell  University 
has  paid  special  attention  to  the  two  subjects 
which  more  than  any  other  vitally  affect  the 
interests  of  the  majority  of  our  people — I  mean 
agriculture  and  veterinary  science  .  .  .  We 
need  an  appropriation  for  a  college  of  veteri 
nary  knowledge  of  at  least  $40,000  a  year  .  .  . 
and  at  the  same  time  liberal  provision  should 
be  made  for  agriculture,  including  horticulture. 
The  first  and  imperative  need  is  that  of  a 
building  large  enough  to  house,  along  with  the 


State  College  of  Agriculture,  1907    173 

Department  of  Agriculture,  those  of  horticul 
ture,  entomology,  and  dairy  husbandry  .  .  . 
The  home  of  teachers  and  investigators,  it 
should  be  made  the  living  centre  of  all  the 
agricultural  interests  of  the  State.  Students 
would  come  for  the  regular  courses  or  for 
short  winter  courses  ;  and  those  who  could  not 
leave  their  homes  might  receive  instruction  by 
correspondence.  Bulletins  would  be  published 
giving  results  of  investigations.  We  should 
need  at  least  $200,000  for  the  building  and  then 
such  appropriations  as  would  make  the  work 
in  it  worthy  of  the  vast  agricultural  resources 
and  wealth  of  this  imperial  State." 

All  those  who  heard  marvelled  at  his  dream. 
But  in  1894  a  State  Veterinary  College  was 
established,  and  an  appropriation  was  made  by 
the  State  for  the  construction  and  equipment 
of  suitable  buildings  for  its  purposes.  It  has 
also  received  appropriations  for  its  maintenance 
amounting  to  $25,000  a  year. 

In  1904  the  Legislature  passed  an  act 
establishing  a  State  College  of  Agriculture 
at  Cornell  University,  and  appropriated  for 
the  construction  and  equipment  of  its  build 
ings  the  sum  of  $250,000,  and  at  the  last 
session  of  the  Legislature  it  received  for 
its  maintenance  and  for  the  promotion  of 


174  Charles  Evans  Hughes 

agricultural  knowledge  through  the  State  an 
appropriation  of  $100,000. 

We  may  pause  to  congratulate  President 
Schurman,  not  only  upon  his  foresight,  but 
upon  the  sagacity  and  vigor  which  has  enabled 
him  to  accomplish  his  purpose. 

There  are  many  engrossed  in  the  great 
industrial  activities  of  the  State  who  fail  to 
realize  the  importance  of  its  agricultural  in 
terests.  According  to  the  last  census,  New 
York  led  the  States  in  the  value  of  its  dairy 
products,  of  its  hay  crop,  of  its  vegetables,  of 
its  flowers  and  plants,  and  of  its  apple  crop, 
while  in  the  value  of  its  fruit  and  orchard  pro 
ducts  it  was  second  only  to  California.  The 
value  of  its  farm  property  is  exceeded  only  in 
the  case  of  three  States.  The  State  has  no 
more  important  duty  than  to  husband  its 
agricultural  interests. 

Much  has  been  done  in  recent  years  to  im 
prove  the  condition  of  the  farmer.  The  rural 
free  delivery  has  brought  him  in  closer  contact 
with  his  fellow  citizens  and  with  the  forces 
which  make  for  progress  in  the  State.  The 
improvement  of  the  roads  of  the  State  will 
greatly  facilitate  his  access  to  markets.  While 
he  has  the  advantages  of  these  external  im 
provements,  he  has  the  opportunity  of  taking 


State  College  of  Agriculture,  1907    175 

part  in  the  important  and  efficient  organization 
of  the  State  Grange  for  the  protection  and 
advancement  of  his  interests.  The  State  De 
partment  of  Agriculture  has  a  most  important 
function,  and  among  its  other  activities  is  now 
addressing  itself  to  the  very  serious  problem 
of  farm  labor.  Its  efforts  have  also  facilitated 
the  sale  of  abandoned  farms. 

But  much  remains  to  be  accomplished.  In 
the  press  of  the  questions  incident  to  the  con 
gestion  of  population  in  our  great  cities  we 
must  not  forget  the  demands  of  rural  com 
munities,  and  must  not  fail  to  take  advantage 
of  every  opportunity  to  promote  the  welfare 
of  that  important  portion  of  our  population 
which,  although  not  urban,  has  its  own  serious 
social  and  economic  problems. 

We  need  scientific  instruction  in  matters 
pertaining  to  farming — instruction  with  refer 
ence  to  suitable  farm  machinery — with  regard 
to  the  various  matters  which  Director  Bailey 
has  aptly  called  "  rural  engineering,"  and  in 
the  various  subjects  which  relate  to  rural  life. 
We  need  not  only  instruction  and  experimenta 
tion  at  this  school,  but  the  dissemination  of  its 
influence  and  the  carrying  to  the  people, 
through  the  various  forms  of  extension  work, 
of  the  information  and  the  practical  assistance 


1 76  Charles  Evans  Hughes 

and  guidance  which  will  help  them  in  solving 
the  problems  of  existence  and  in  developing 
the  agricultural  resources  of  the  State. 

It  is  for  these  purposes  that  this  school  has 
been  established.  The  statute  provides  :  "The 
object  of  said  College  of  Agriculture  shall  be 
to  improve  the  agricultural  methods  of  the 
State  ;  to  develop  the  agricultural  resources  of 
the  State  in  the  production  of  crops  of  all 
kinds ;  in  the  rearing  and  breeding  of  live 
stock ;  in  the  manufacture  of  dairy  and  other 
products  ;  in  determining  better  methods  of 
marketing  and  handling  such  products  and  in 
other  ways ;  and  to  increase  intelligence  and 
elevate  the  standards  of  living  in  the  rural 
districts." 

Under  the  Act  of  Administration,  while 
these  buildings  and  equipment  are  to  remain 
the  property  of  the  State,  Cornell  University 
is  entrusted  with  their  custody  and  control, 
and  is  authorized  to  administer  this  college, 
with  authority  to  appoint  investigators,  teach 
ers,  and  other  employees,  to  lay  out  lines  of 
investigation,  to  prescribe  the  requirements  of 
admission  and  the  course  of  study,  and  other 
wise  to  exercise  such  power  as  may  be  needed 
for  due  administration. 

This  is  a  sacred  trust.  To  your  administration 


State  College  of  Agriculture,  1907    177 

the  State  has  committed  one  of  the  most 
important  interests  of  the  people,  represented 
in  the  establishment  of  this  school.  It  is  not 
a  school  to  be  administered  for  the  benefit  of 
Cornell  University,  but  it  is  a  school  to  be 
administered  by  Cornell  University  for  the 
benefit  of  the  people.  We  may  view  its  future 
with  confidence  as  we  recall  the  services  ren 
dered  in  the  past  by  those  connected  with  the 
agricultural  work  of  this  University,  and  I  am 
sure  it  is  gratifying  to  the  people  to  know  that 
the  work  is  to  continue  under  the  immediate 
supervision  of  that  accomplished  director,  Lib 
erty  Hyde  Bailey,  to  whose  ability  and  energy 
this  institution  owes  so  much.  And  through 
wise  administration  and  through  the  benefits 
which  will  result  from  the  knowledge  this 
school  will  disseminate,  and  the  fruitful  ex 
perience  it  will  record  and  communicate,  Cor 
nell  University  will  be  entitled  to  the  respect 
and  the  gratitude  which  are  the  just  due  of  the 
faithful  execution  of  a  public  trust. 

President  Schurman  :  On  behalf  of  the  State 
of  New  York,  it  is  now  my  privilege  and  my 
agreeable  duty  to  commit  through  you  to 
Cornell  University  the  custody  and  control  of 
these  buildings  and  property,  constructed  and 


178  Charles  Evans  Hughes 

set  apart  by  the  State  for  the  New  York  State 
College  of  Agriculture,  and  through  you  to 
commit  to  Cornell  University  the  administra 
tion  of  this  college  for  the  benefit  of  the  people 
of  the  State.  And  in  doing  this  I  take  pleasure 
in  expressing  my  confidence  in  the  administra 
tion  of  this  trust  by  Cornell  University  and 
my  expectation  that  through  this  foundation 
the  agricultural  interests  of  the  State  will  be 
notably  advanced. 


IV. 

Address  at  the  Unveiling  of  Tablets  at  the 
Hall  of  Fame,  New  York  University, 
May  31,  1907. 

On  this  day,  with  grateful  appreciation,  we 
commemorate  the  valor  and  the  sacrifices  of 
those  who,  as  representatives  of  the  people, 
took  part  in  the  struggle  for  the  preservation  of 
the  Union.  With  the  passing  of  the  years,  the 
wounds  caused  by  civil  strife  have  been  healed, 
and  old  animosities  and  sectional  rivalries  have 
given  place  to  a  common  realization  of  our  Na 
tional  destiny  and  to  a  common  congratulation 
that  we  have  remained  a  united  people.  And 
to-day  we  render  the  tribute  of  honor  as  well  as 
of  affection  to  the  memory  not  merely  of  those 
who  fell  fighting  for  a  victorious  cause,  but  for 
all  who  in  their  unselfish  zeal,  following  what 
they  believed  to  be  the  right,  revealed  the 
heroic  qualities  of  American  manhood. 

While  the  ceremonies  of  this  hour  have  no 
direct  relation  to  the  general  observance  of 
the  day,  it  is  fitting  that  among  those  who  are 

179 


i8o  Charles  Evans  Hughes 

esteemed  worthy  of  a  place  in  this  temple  of 
illustrious  Americans,  and  whose  tablets  are 
unveiled  at  this  time,  should  be  the  great 
general  of  the  Civil  War,  William  Tecumseh 
Sherman. 

He  hated  war,  but  brought  to  its  prosecu 
tion  the  highest  military  genius.  He  ap 
praised  its  horrors  so  justly  that  he  had  no 
patience  with  temporizing  policy.  But,  by 
daring  and  original  plans,  carried  out  with 
mathematical  precision  and  unrelenting  de 
termination  to  succeed,  he  hurried  the  advent 
of  peace,  which  he  sincerely  desired.  To  him 
war  was  war —  unrelieved,  cruel  war, —  a  terri 
ble  means  to  a  righteous  end.  And  he  played 
his  part  heroically,  brilliantly,  and  unflinchingly 
for  the  sake  of  the  end  he  so  clearly  saw. 
And  by  reason  of  his  originality,  foresight, 
exactness,  intrepidity,  and  success  he  placed 
himself  in  the  first  rank  of  military  men. 

The  soldier  has  so  largely  monopolized  the 
plaudits  and  affection  of  mankind,  not  because 
of,  but  in  spite  of,  the  barbarities  of  war. 
Largely,  of  course,  it  has  been  due  to  the 
momentous  political  consequences  of  the  suc 
cess  of  arms,  either  in  the  defence  of  liberty  or 
in  the  maintenance  of  national  life,  with  which 
the  people  have  felt  their  interests  identified, 


Hall  of  Fame,  May  30,  1907       181 

or  in  the  increase  of  National  glory  which  they 
proudly  shared.  But  more  largely  the  soldier 
has  been  honored,  paradoxical  as  it  may  seem, 
because  of  love  of  humanity,  and  because 
through  his  work  the  noblest  qualities  of  man 
have  been  placed  in  conspicuous  relief.  Endur 
ance,  poise,  fortitude,  unselfishness,  disregard 
of  personal  danger,  sagacity,  discernment,  swift 
and  unerring  analysis,  exact  calculation,  the 
capacity  for  leadership  and  the  mastery  of 
men,  single-mindedness  and  love  of  truth  and 
honor,  shining  forth  in  a  sincere  and  noble 
character  at  a  time  of  greatest  stress  and  peril, — 
these  are  the  qualities  which  dignify  humanity 
and,  represented  in  the  soldier  under  circum 
stances  fixing  the  attention  of  the  nation  and 
the  world,  call  forth  a  universal  tribute.  And 
by  the  manner  in  which  these  severe  tests  have 
been  met,  we  test  the  quality  of  a  nation's 
citizenship.  It  is  not  the  havoc  wrought,  the 
lives  sacrificed,  the  disaster  and  the  ruin  caused 
by  the  victory,  that  win  the  admiration  of  man 
kind,  but  the  inflexible  purpose,  the  intelligent 
plan,  the  undaunted  courage,  and  the  heroic 
self-abandonment,  whether  of  victor  or  van 
quished,  which  exercise  the  perennial  charm 
and  in  their  justification  of  humanity  form  the 
spell  of  ballad  and  of  story. 


1 82  Charles  livans  Hughes 

We  are  rich  in  such  memories.  To-day  two 
such  heroes  have  their  appropriate  recognition 
in  this  temple  of  the  illustrious.  The  one,  who 
exhibited  his  extraordinary  military  capacity  in 
the  war  that  saved  the  nation  ;  the  other,  who 
dazzled  the  world  with  daring  exploits  in  the 
war  which  made  the  nation  possible.  When 
John  Paul  Jones  lashed  the  jib-boom  of  the 
Serapis  to  the  mizzen-mast  of  the  Bon  Homme 
Richard,  and  with  his  motley  crew  engaged 
the  disciplined  British  in  one  of  the  most 
deadly  conflicts  recorded  in  naval  annals,  he 
magnificently  exhibited  the  spirit  which  won 
the  War  of  Independence.  It  was  not  the 
physical  results,  but  the  moral  effect  of  a 
victory  achieved  under  extraordinary  conditions 
and  through  rare  personal  valor,  which  gave 
it  historical  significance. 

But  more  and  more  clearly  do  we  under 
stand  that  what  we  should  prize  most  is  not 
the  occasional  revelation  of  noble  qualities  of 
manhood  in  bloody  warfare,  but  in  their  culti 
vation  for  purposes  of  peace,  and  their  mani 
festation  in  the  every-day  activities  of  an 
industrious  people.  Our  attention  is  fixed 
upon  the  ideals  of  a  peaceful  society.  And 
to-day  we  honor,  not  alone  the  heroes  of 
conquest,  but  also  the  framers  of  our  govern- 


Hall  of  Fame,  May  30,  1907       183 

mental  edifice,  and  the  scientist,  the  author, 
and  the  teacher,  men  and  women,  notably 
influential  in  the  development  of  our  National 
life  viewed  in  its  broadest  aspect.  Among 
these  are  three  men  in  the  front  rank  of  Amer 
ican  statesmanship.  It  is  impossible  in  the 
brief  word  now  permitted  to  attempt  a  just 
appreciation  of  their  character  and  services. 
Two  of  them,  Alexander  Hamilton  and  James 
Madison,  are  identified  with  that  initial  period 
of  our  National  history  when  the  Constitution 
was  in  the  making.  It  has  been  well  said  that 
the  years  immediately  following  the  successful 
ending  of  the  War  of  Independence  were  the 
most  critical  in  our  history.  The  struggle 
which,  for  want  of  effective  union,  had  been 
unnecessarily  prolonged,  left  thirteen  inde 
pendent  republics  with  mutual  jealousies  and 
aversions  and  with  discordant  views  and  an 
tagonistic  ambitions.  There  was  wanting  a 
National  consciousness.  And  the  great  victory 
won  in  the  War  of  Independence  seemed  to 
promise  little  more  than  the  establishment  of 
a  number  of  petty  governments  arrayed  against 
each  other.  But  powerful  as  were  the  appar 
ent  forces  driving  the  States  apart,  still  more 
powerful  was  the  pressure  of  common  interests, 
too  long  imperfectly  recognized,  which  were 


1 84  Charles  Evans  Hughes 

destined  to  bring  them  into  an  indissoluble 
Union. 

Finally,  in  1787,  the  Federal  Convention 
met  at  Philadelphia.  Among  the  men  of  dis 
tinguished  merit  who  composed  it,  Washing 
ton,  Franklin,  Hamilton,  and  Madison  were 
pre-eminent.  Perhaps  no  assembly  ever  sat 
to  deliberate  upon  the  problems  of  govern 
ment  with  four  men  who  could  be  called  their 
equals.  Hamilton  and  Madison  were  young, 
the  one  thirty  and  the  other  thirty-six.  To 
these  two  more  than  to  others  we  owe  our 
Federal  Constitution.  The  one  has  been 
justly  described  as  its  "  principal  author,"  and 
the  other  as  its  "  most  brilliant  advocate." 

Hamilton  was  full  of  National  spirit.  He 
was  the  apostle  of  centralization  and  of  National 
strength.  Years  before,  when  only  twenty- 
three,  he  had  set  forth  with  rare  lucidity  and 
force  the  need  of  a  "  stronger  government  " 
with  "  an  administration  distinct  from  Con 
gress."  His  was  a  master  mind,  acute  in 
analysis,  ready  in  construction,  powerful  in 
reasoning,  capable  in  execution.  But  he  lacked 
confidence  in  the  people  and  in  popular  govern 
ment.  Nevertheless  as  a  true  statesman,  he 
sprang  to  the  defence  of  the  work  of  the  Con 
vention,  which  had  failed  in  large  measure  to 


Hall  of  Fame,  May  30,  1907      185 

meet  his  views,  and  by  the  lucidity,  force,  and 
persuasiveness  of  his  arguments  broke  down 
the  opposition  and  prepared  the  way  for  the 
triumph  of  the  Constitution. 

But  great  as  was  this  service,  even  greater 
were  his  labors  in  establishing  a  system  of 
government  under  the  Constitution  and  in  the 
constructive  work  of  administration.  As  the 
first  head  of  the  Treasury  Department,  through 
his  luminous  reports  and  constructive  financial 
measures,  he  insured  at  a  critical  time  govern 
mental  stability  and  gave  vigor  to  the  National 
life.  Under  forms  different  from  those  which 
he  preferred,  the  supreme  objects  of  National 
strength  and  adequacy  for  which  he  mightily 
strove  have  been  secured,  and  no  one  has  more 
deeply  impressed  himself  upon  our  National 
thought  or  infused  into  the  workings  of  our 
Constitution  a  larger  measure  of  his  spirit  and 
purpose. 

James  Madison,  the  Virginian,  took  the 
leading  part  in  the  work  of  the  Convention  of 
1787.  When  Edmund  Randolph  presented 
to  the  Federal  Convention  the  Virginia  plan,  it 
was  no  secret  that  the  work  was  largely  that 
of  Madison.  He  was  a  profound  student  of 
political  history,  and  by  his  leadership  in  the 
Convention  won  the  title  of  the  "  Father  of 


Charles  Evans  Hughes 

the  Constitution."  It  is  to  this  work  and  to 
the  papers  which  he  contributed  to  the  Feder 
alist  that  he  owes  his  transcendent  fame. 
Later  he  served  the  country  in  Congress,  as 
Secretary  of  State,  and  as  President.  But  in 
his  long  career  he  never  showed  to  the  same 
advantage  as  when  he  brought  his  rare  talents 
and  the  constructive  skill  of  the  student  of 
government  to  the  task  of  framing  our  funda 
mental  law.  The  statesman  was  largely  lost 
in  party  politics,  and  as  President  he  was 
called  to  tasks  foreign  to  his  abilities.  But 
his  service  to  the  Nation  in  connection  with 
the  work  of  formulating  its  scheme  of  govern 
ment  will  keep  his  fame  imperishable. 

It  was  this  feeling  which  prompted  the  senti 
ment  uttered  by  John  Quincy  Adams,  the  third 
American  statesman  whose  tablet  is  unveiled 
to-day,  on  the  death  of  Madison  in  1836  : 

"Of  the  band  of  benefactors  of  the  human  race,  the 
founders  of  the  Constitution  of  the  United  States,  James 
Madison  is  the  last  who  has  gone  to  his  reward.  They 
have  transmitted  the  precious  bond  of  union  to  us,  now 
entirely  a  succeeding  generation  to  them.  May  it  never 
cease  to  be  a  voice  of  admonition  to  us,  of  our  duty  to 
transmit  the  inheritance  unimpaired  to  our  children  of 
the  rising  age." 

Few  careers  in  our  history  have  been  so 


Hall  of  Fame,  May  30,  1907       187 

distinguished  for  variety  of  important  public 
service  as  that  of  John  Quincy  Adams. 

Only  ten  years  the  junior  of  Hamilton,  he 
lived  until  1848.  Under  Washington  he  was 
Minister  to  The  Hague,  to  Portugal,  and  to 
Prussia.  Later  he  was  State  Senator  and 
United  States  Senator.  After  an  eventful 
mission  abroad  as  Minister  to  Russia,  and  as 
one  of  the  commissioners  in  the  negotiations 
which  led  to  the  Treaty  of  Ghent,  he  became 
Secretary  of  State  under  President  Monroe, 
whom  he  succeeded  as  Chief  Magistrate.  Re 
tiring  at  the  age  of  sixty-two,  he  subsequently 
entered  upon  the  most  important  part  of  his 
career  as  Member  of  Congress,  serving  for 
about  sixteen  years,  until  he  received  the 
death  stroke  on  the  floor  of  the  House. 

To  Mr.  Adams  must  be  attributed  the  first 
suggestions  of  what  has  come  to  be  known  as 
the  Monroe  Doctrine.  In  1823  he  informed 
the  Russian  Minister  "  that  we  should  contest 
the  rights  of  Russia  to  any  territorial  establish 
ments  on  this  continent,  and  that  we  should 
assume  distinctly  the  principle  that  the  Ameri 
can  continents  are  no  longer  subjects  for  any 
new  European  colonial  establishments."  This 
was  the  precursor  of  the  famous  declaration 
in  President  Monroe's  message. 


1 88  Charles  Evans  Hughes 

Ever  characterized  by  independence  and  de 
votion  to  what  he  believed  to  be  the  right,  his 
old  age  was  devoted  in  no  small  part  to  the 
contest  against  slavery.  With  an  indomitable 
spirit  and  extraordinary  power  in  debate,  strong 
in  his  absolute  conviction  of  the  righteousness 
of  his  cause,  he  was  willing  to  stand  alone,  un- 
terrified  and  unconquerable.  His  chief  title  to 
fame  rests  not  upon  official  honors  nor  upon 
his  holding  the  highest  office  in  the  Nation's 
gift,  but  upon  his  service  as  the  well-equipped 
and  dauntless  champion  of  human  rights  in 
our  national  assembly. 

On  an  occasion  like  this  we  are  vividly  im 
pressed  with  the  fact  that  monuments  may 
perpetuate  names  and  form  imperishable  rec 
ords,  but  they  cannot  confer  fame  or  make 
enduring  the  respect  of  mankind.  To  serve 
their  appropriate  purpose  they  must  record 
what  is  already  written  in  the  hearts  of  the 
people  and  stand  as  tribute  to  the  continued 
esteem  which  alone  they  are  powerless  to  per 
petuate.  In  the  review  of  our  Nation's  history, 
short  as  it  is,  the  petty  schemes  of  political 
manipulators,  the  unconsequential  victories  in 
conflicts  for  the  spoils  of  office,  and  ignoble 
efforts  of  selfishness  appear  in  their  true  pro 
portions.  The  Nation  is  a  sound  critic  and  it 


Hall  of  Fame,  May  30,  1907      189 

pays  its  final  homage  to  those  who  with  inflexi 
ble  purpose  and  fidelity  to  conscience  have 
devoted  their  talents  unreservedly  to  the  serv 
ice  of  the  people.  The  trickster,  the  intriguer, 
and  those  who  seek  to  win  by  strategy  what 
public  confidence  will  not  bestow,  quickly  pass 
out  of  the  notoriety  which  they  may  tempo 
rarily  achieve,  unless  by  reason  of  exceptional 
ability  they  may  live  to  point  a  contrast.  The 
Nation  is  jealous  of  its  ideals,  and  it  never  has 
been  more  insistent  upon  the  straightforward 
conduct  of  public  affairs  than  it  is  to-day.  It 
demands  of  its  representatives  single-minded 
devotion  to  public  duty  and  a  knightly  sense  of 
honor  in  the  administration  of  public  office. 
We  should  lose  no  opportunity  to  enforce  the 
lessons  which  may  be  drawn  from  the  lives  of 
those  illustrious  Americans  by  whom  we  as  a 
people  have  been  so  richly  served.  And  from 
their  labors,  of  which  these  exercises  are  a 
fitting  recognition,  we  may  draw  inspiration 
which  will  enable  us  to  go  forward  undismayed 
to  meet  the  problems  thrust  upon  us  by  our 
rapidly  extending  activities. 


V. 


Address  at  the  Jamestown  Exposition  on 
Jefferson  Memorial  Day,  July  5,  1907, 
in  Connection  with  the  Reunion  of  the 
Descendants  of  the  Signers  of  the 
Declaration  of  Independence. 


* '  We  hold  these  truths  to  be  self-evident:  that  all  men  are  created 
equal;  that  they  are  endowed  by  their  Creator  with  certain  inalien 
able  rights;  that  among  these  are  life,  liberty,  and  the  pursuit  of 
happiness;  that  to  secure  these  rights  governments  are  instituted 
among  men  deriving  their  just  powers  from  the  consent  of  the 
governed" — Declaration  of  Independence. 


The  immortal  words  of  the  preamble  of  the 
Declaration  of  Independence  recorded  more 
than  a  protest  against  exactions  of  the  British 
crown.  They  were  more  than  an  assertion  of 
the  right  of  the  Colonies  to  be  independent 
States.  They  passed  beyond  the  necessities  of 
the  moment  and  transcended  perhaps  in  their 
broad  import  the  sentiment  of  many  who,  ex 
asperated  by  tyrannical  demands,  were  ready 

190 


Jamestown  Exposition,  1907       191 

to  renounce  their  former  allegiance.  They 
have  the  perennial  value  of  a  political  creed 
voicing  in  terms  of  conviction  the  aspirations 
of  humanity.  They  suggest  to  us  the  long 
struggle  against  the  usurpations  of  power  and 
the  impositions  of  avarice  and  cunning.  They 
have  been  ridiculed  as  fallacious ;  they  have 
sustained  the  assault  of  those  who,  descanting 
upon  obvious  physical,  mental,  and  moral  in 
equalities,  have  sought  to  obscure  the  profound 
truth  of  equality  before  the  law  and  the  inalien 
able  rights  of  manhood,  To-day,  as  always, 
they  present  to  us  the  standard  by  which  we 
may  judge  the  successful  working  of  our  insti 
tutions.  And  gathered  upon  this  historic  spot 
in  the  Commonwealth  which  nurtured  him,  we 
may  fittingly  pay  our  tribute  to  the  author 
of  these  words,  in  the  language  of  Lincoln  : 

"All  honor  to  Jefferson — to  the  man  who  in  the  concrete 
pressure  of  a  national  struggle  for  independence  by  a 
single  people  had  the  coolness,  forecast,  and  sagacity  to 
introduce  into  a  merely  revolutionary  document  an  ab 
stract  truth  applicable  to  all  men  and  all  time,  and  so 
embalmed  it  there  that  to-day  and  in  all  coming  days 
it  shall  be  a  rebuke  and  a  stumbling-block  to  the  very 
harbingers  of  re-appearing  tyranny  and  oppression." 

The  attitude  of  men  toward  government  by 
the  people  is  not  determined  by  party  lines. 


Charles  Evans  Hughes 

The  man  who  would  ignore  the  rights  of  his 
fellow  citizens,  who  would  establish  himself  in 
a  fortress  of  special  privilege  and  exercise  his 
power,  small  or  great,  in  opposition  to  the 
welfare  of  others,  may  be  found  in  all  parties 
and  in  every  walk  of  life.  It  is  an  attitude 
sometimes  explained  by  training  and  environ 
ment,  but  in  general  merely  exhibits  the  rule 
of  selfishness.  There  are  many  who  have  no 
sympathy  with  the  principles  of  the  Declara 
tion  and  who  look  with  alarm  upon  every 
emphatic  assertion  of  popular  rights.  There 
are  many  others  who  will  join  in  an  appeal  to 
democratic  principles  when  it  serves  self- 
interest,  but  are  ready  to  use  every  vantage 
point  that  may  be  gained  in  the  struggle  for 
existence  to  deprive  their  fellows  of  equal  op 
portunity.  But  we  may  be  assured  that  the 
progress  of  the  people  will  not  be  halted.  The 
long  contest  with  " divine  right,"  with  usurped 
power  however  obtained,  against  every  attempt 
under  any  form  to  control  and  exploit  the  many 
for  the  benefit  of  the  few,  can  have  but  one 
result.  Slowly  and  surely  the  people  have  won 
their  way,  and  no  final  settlement  will  be 
reached  until  the  administration  of  government 
squares  with  the  principles  of  the  Declaration 
and  an  end  has  been  put  to  every  conversion 


Jamestown  Exposition,  1907       193 

of   governmental  powers  to  selfish  purposes. 

We  may  properly  congratulate  ourselves 
upon  the  marvellous  record  of  the  Nation's 
progress.  With  resistless  energy  the  vast  do 
main  between  the  oceans  has  been  developed 
and  its  remotest  parts  have  been  knit  together 
by  mutual  needs  and  the  multifarious  activi 
ties  of  an  ever-increasing  commerce.  The 
skill  of  a  people  rich  in  invention,  endowed 
with  boundless  ambition  and  rare  capacity  for 
organization,  has  made  available  our  natural 
wealth  and  has  made  our  industrial  achieve 
ments  the  marvel  of  mankind.  Our  develop 
ment  has  intensified  the  sentiment  of  national 
unity,  and  despite  our  wide  extent  of  territory 
and  notwithstanding  the  many  differences 
exhibited  in  our  population,  we  are  a  people 
united  not  merely  in  form  or  by  convention, 
but  in  interest  and  sentiment.  An  unparal 
leled  prosperity  has  blessed  our  efforts.  And 
never  has  the  sun  shone  upon  a  more  indus 
trious  and  happy  people,  enjoying  to  a  larger 
degree  equal  rights  and  equal  opportunities 
than  those  who  gather  to-day  under  the  Stars 
and  Stripes  to  commemorate  the  birth  of 
American  liberty. 

Once  more  we  extol  the  heroism  and  states 
manship  of  those  who  laid  the  foundations  of 


194  Charles  Evans  Hughes 

the  Republic  but  dimly  conscious  of  its  des 
tiny.  We  bless  the  soil  that  gave  them  birth 
and  the  traditions  under  which  they  were  nur 
tured.  We  come  in  a  reverential  spirit  to  the 
Old  Dominion,  the  mother  of  statesmen,  where 
within  the  space  of  a  few  years  were  given  to 
the  world  George  Washington,  Patrick  Henry, 
Thomas  Jefferson,  Edmund  Randolph,  James 
Madison,  John  Marshall,  and  James  Monroe. 
But  we  would  draw  little  inspiration  from  their 
lives  and  from  the  fascinating  record  of  their 
formative  days,  if  we  gave  ourselves  over  to 
mere  jubilation.  We  are  a  progressive  people. 
We  are  loyal  to  our  ideals.  We  refuse  to  be 
content  with  mere  material  achievements.  Nor 
are  we  satisfied  with  comparison  with  other 
nations  or  with  earlier  times.  We  desire  that 
this  Nation  shall  realize  its  highest  possibilities. 
We  contemplate  the  future  with  serious  deter 
mination  and  a  solemn  sense  of  obligation. 

The  lesson  of  to-day  is  that  every  patriotic 
American  should  look  upon  his  country's  his 
tory  and  destiny  in  the  light  of  the  principles 
of  the  Declaration  of  Independence  and  with 
sincere  sympathy  with  democratic  ideals.  In 
stead  of  looking  askance  at  every  expression 
of  determination  to  vindicate  popular  rights,  it 
should  be  welcomed.  So  long  as  the  spirit  of 


Jamestown  Exposition,  1907       195 

1776  is  abroad  in  the  land  there  will  be  no  con 
donation  of  abuses,  and  material  prosperity 
will  not  be  permitted  to  serve  as  a  cover  for 
public  wrongs. 

Jefferson  had  no  patience  with  the  doc 
trine  of  Montesquieu  that  a  republic  can 
be  preserved  only  in  a  small  territory.  "The 
reverse,"  he  said,  "  is  the  truth."  We  are  for 
tunate  in  having  a  distribution  of  powers  and 
in  the  maintenance  of  local  autonomy  through 
units  conserved  by  historical  and  sentimental 
associations.  We  live  under  a  Constitution 
wisely  guaranteeing  a  division  of  powers  be 
tween  the  Federal  and  the  State  governments 
so  that  each  may  exercise  its  appropriate  au 
thority.  We  have  no  need  to  look  with  con 
cern  upon  increasing  activities  of  the  Federal 
Government  so  long  as  they  are  pertinent  to 
the  accomplishment  of  Federal  objects  and  do 
not  interfere  with  the  exercise  of  the  powers 
of  the  States  in  the  conduct  of  their  local  af' 
fairs.  But  we  may  properly  become  alarmed 
when  State  governments  lack  vigor  and  effi 
ciency  in  the  protection  of  their  own  citizens 
and  in  the  control  of  the  exercise  of  the 
franchises  they  have  granted.  There  is  no 
incompatibility  between  vigorous  State  ad 
ministration  looking  after  its  own  affairs  and 


196  Charles  Evans  Hughes 

strong  National  administration  dealing  with 
National  questions  and  supervising  by  strict 
and  adequate  regulation  interstate  commerce. 
Both  are  essential ;  and  in  the  proportion  that 
the  people  insist  upon  efficient  and  responsible 
administration  of  local  affairs  are  they  likely 
to  secure  a  proper  and  responsible  exercise  of 
Federal  authority,  whatever  its  necessary  ex 
tent  within  its  constitutional  sphere. 

Ours  is  not  and  was  not  intended  to  be  a 
pure  democracy.  It  is  impracticable  that  the 
people  should  administer  the  government  di 
rectly.  They  govern  through  representatives. 
For  their  protection  they  have  by  direct  legis 
lation  created  constitutions  fettering  the  power 
of  their  representatives  and  establishing  safe 
guards  by  which  they  are  secure  in  their  per 
sonal  liberty  and  in  the  results  of  their  thrift. 

We  note  with  satisfaction  the  increasing 
sense  of  responsibility  to  the  people  on  the 
pa«rt  of  those  who  represent  them.  Efforts  to 
dominate  legislation  for  selfish  purposes  and 
attempts  through  the  forms  of  popular  election 
to  place  in  office  those  who,  in  the  guise  of 
executing  public  trusts,  serve  private  interests 
are  less  successful  than  heretofore.  The  peo 
ple  have  become  intolerant  of  such  traitorous 
representation.  And  it  is  entirely  within  their 


Jamestown  Exposition,  1907       197 

power  to  put  a  stop  to  it  altogether.  Political 
leaders  who  have  performed  the  function  of 
clearing-houses  for  legislation  and  who,  while 
posing  as  party  workers,  have  served  under  a 
retainer  of  special  interests,  careless  alike  of 
party  principles  or  of  public  justice,  are  passing 
from  the  stage.  The  people  demand  leader 
ship,  and  parties  need  effective  organization 
to  advance  their  principles.  But  the  time  is 
rapidly  passing  when  any  one  can  long  main 
tain  a  position  of  wide  political  influence  who 
is  under  suspicion  of  maintaining  a  double 
allegiance. 

But  we  need  more  than  escape  from  such 
prostitution  of  political  power.  The  people 
are  entitled  to  have  unselfish  leadership  and 
unselfish  representation.  Popular  government 
will  not  attain  its  ideal  until  it  becomes  a  point 
of  honor  for  political  leaders  not  to  make  their 
political  fortunes  the  test  of  their  action.  This 
in  the  light  of  human  nature  may  seem  a  coun 
sel  of  perfection.  But  the  people  are  rapidly 
becoming  more  conscious  of  its  necessity 
and  more  critical  of  its  absence.  And  as  we 
advance  it  will  become  more  obvious  to  the 
active  political  worker  that  disinterestedness  is 
essential  to  successful  leadership. 

We  are  also  encouraged  by  the  insistence 


Charles  Evans  Hughes 

upon  the  performance  of  public  obligations. 
The  indignation  that  has  been  felt  with  refer 
ence  to  the  conduct  of  large  public  enterprises, 
notably  in  the  case  of  our  transportation  cor 
porations,  has  been  due  on  the  one  hand  to 
the  efforts  they  have  made  to  attain  their  ends 
by  debauching  the  administration  of  govern 
ment,  and  on  the  other  hand  to  their  failure  to 
perform  their  obligation  in  giving  fair  and  im 
partial  service.  Their  misuse  of  the  privileges 
which  the  people  have  bestowed,  their  manip 
ulation  of  securities,  their  malign  influence  in 
legislative  halls,  have  had  their  natural  result  in 
creating  a  deep  feeling  of  public  resentment. 
This  feeling  is  most  wholesome.  It  would 
indeed  be  cause  for  alarm  if  at  a  time  of 
great  prosperity  the  people  were  servile  in 
the  presence  of  financial  power  and  remained 
supine  under  abuses  of  public  rights. 

Coincident  with  the  insistence  upon  more 
faithful  representation  in  the  administration  of 
government,  upon  the  performance  of  public 
obligation  by  our  great  corporations,  we  find 
throughout  the  business  world  a  more  general 
recognition  of  the  responsibilities  of  fiduciary 
relation.  This  is  but  another  phase  of  the 
general  public  attitude  toward  all  who  hold 
relations  of  trust  and  confidence,  whether  in 


Jamestown  Exposition,  1907       199 

politics  or  in  business.  It  is  but  an  aspect  of 
a  wholesome  demand  which  is  being  voiced 
from  the  Atlantic  to  the  Pacific  for  the  honor 
able  conduct  of  affairs. 

There  is  also  cause  for  gratification  in  finding 
the  standards  of  administration  raised.  It  is 
inevitable  with  an  alert  and  intelligent  people 
that  as  the  business  of  government  increases 
greater  attention  should  be  paid  to  the  manner 
in  which  it  is  discharged.  We  may  look  for  a 
steady  improvement  in  the  public  service,  and 
on  its  civil  side, —  in  the  sentiment  of  honor 
and  of  disinterested  fidelity  that  may  attach  to 
it, —  it  may  rival  what  has  long  been  conspicu 
ous  in  connection  with  our  military  and  naval 
organizations.  The  State  is  entitled  to  the 
best,  and  this  we  may  hope  the  enlightened 
patriotism  of  peace  will  ultimately  secure. 

There  may  be  those  who  think  that  to  attain 
the  ideals  of  popular  government  changes  in 
our  organic  law  are  necessary.  But  there  is 
no  warrant  for  change  until  conscience  and 
public  spirit  obtain  from  our  existing  institu 
tions  what  they  are  able  to  confer.  An  honest 
and  intelligent  electorate  can  secure  the  repre 
sentation  to  which  it  is  entitled.  Public 
opinion  formed  after  full  discussion  of  pend 
ing  questions  exerts  a  force  wellnigh  irre- 


200  Charles  Evans  Hughes 

sistible.  As  Jefferson  said  :  "  Responsibility  is 
a  tremendous  engine  in  a  free  government." 

It  has  been  the  fear  of  those  who  distrust 
popular  government  that  it  would  lead  to  ex 
cesses  and  that  sound  judgment  would  from 
time  to  time  be  displaced  by  the  fury  of  an 
excited  populace.  The  safeguards  of  democ 
racy  are  education  and  public  discussion.  Our 
country  is  safe  so  long  as  our  schools  are  full. 

There  are  those  who  speak  the  language  of 
conservatism  but  whose  underlying  purpose, 
only  thinly  veiled,  is  to  protect  those  who 
have  betrayed  the  public  and  to  prevent  neces 
sary  remedial  action.  There  are  others  who 
resort  to  inflammatory  appeal,  careless  of  the 
interests  which  would  be  sacrificed  by  the  arbi 
trary  and  ill-considered  action  they  propose, 
or  defend.  We  may  believe  that  the  people 
will  not  be  deceived  by  either.  With  extra 
ordinary  unanimity  they  have  supported  Presi 
dent  Roosevelt  in  his  courageous  and  vigorous 
administration  because  they  have  believed  that 
he  voiced  the  sentiment  of  fair  play.  It  is  this 
sentiment  more  than  any  other  that  dominates 
American  life. 

Our  interests  are  inseparably  connected. 
We  cannot  by  arbitrary  legislation  afford  to 
disturb  our  industrial  enterprises.  There  are 


Jamestown  Exposition,  1907       201 

millions  of  wage-earners  who  depend  for  their 
daily  bread  upon  the  stability  of  our  business 
interests. 

But  there  is  no  reason  why  rapacity  should  not 
be  restrained  and  public  obligation  enforced. 

Those  who  are  loyal  to  the  ideals  of  popular 
government  are  anxious  that  the  people  should 
vindicate  their  supremacy,  and  in  so  doing 
should  safeguard  their  essential  interests. 
This  may  be  done  if  they  use  the  powers  of 
government  deliberately  and  justly.  The 
people  of  this  country  are  not  at  war  with 
business  or  with  honorable  business  organi 
zations.  They  have  no  desire  to  fetter  lawful 
enterprises  or  to  impair  the  confidence  which 
is  essential  to  the  maintenance  of  our  pros 
perity.  They  do  desire  to  thwart  every 
attempt  to  secure  or  retain  an  improper  ad 
vantage  through  unjust  discriminations  or 
governmental  favoritism.  If  those  who  are 
sympathetic  with  this  desire  will  encourage 
the  just  and  reasonable  disposition  of  each 
question  upon  its  merits  and  promote  the  rule 
of  common  sense,  we  shall  attain  the  desired 
end  and  prevent  democracy  from  suffering  at 
its  own  hands. 

We  stand  in  the  presence  of  those  related 
by  blood  to  the  illustrious  signers  of  the 


202  Charles  Evans  Hughes 

Declaration  of  Independence.  They  rejoice  in 
their  distinguished  lineage.  But  we  are  all 
the  spiritual  sons  of  these  fathers  of  our  liber 
ties.  We  have  a  priceless  heritage.  This 
great  country,  populated  with  an  intelligent 
people  animated  by  the  loftiest  ideals,  presents 
unexampled  opportunity.  May  we  be  worthy 
of  our  birthright  and  so  deal  with  the  prob 
lems  confronting  this  generation  that  we  may 
transmit  to  our  children  a  still  larger  boon, 
and  that  they,  enjoying  even  to  a  greater  de 
gree  equality  of  opportunity,  may  find  still 
better  secured  the  inalienable  rights  of  life, 
liberty,  and  the  pursuit  of  happiness. 


VI. 

Address  at  Chautauqua,  August  24,  1907. 

These  meetings  furnish  evidence  of  the 
alertness,  earnestness,  and  zeal  for  mental  and 
moral  betterment  which  characterize  the  Ameri 
can  people.  Their  restlessness,  their  eagerness 
to  know  and  to  do  something  worth  while  are 
symptoms  of  health.  The  multiplying  courses 
of  our  universities  having  relation  to  social  and 
political  subjects,  our  institutes  of  research, 
our  voluntary  assemblies  for  mutual  improve 
ment,  our  varied  philanthropic  associations, 
our  organizations  in  every  line  of  commercial 
and  intellectual  effort,  reflect  the  intense  desire 
for  progress. 

There  are  a  few,  fortunately  only  a  few  rela 
tively,  who  devote  themselves  to  ease  and 
self-indulgence,  awakening  passionate  remon 
strance  by  the  spectacular  incongruity  of  their 
lives  as  contrasted  with  American  ideals.  But 
the  attitude  of  many  of  these,  conscious  of 
their  lack  of  popular  esteem,  is  apologetic. 

The  typical  American  does  not  seek  idleness, 

203 


204  Charles  Evans  Hughes 

but  work.  He  wants  to  justify  himself  by 
proved  capacity  in  useful  effort.  Under  dif 
ferent  conditions,  he  still  has  the  spirit  of  those 
who  faced  the  wilderness,  advanced  the  out 
posts  of  civilization,  and  settled  a  continent  of 
matchless  resources,  where  has  been  laid  the 
basis  for  a  wider  diffusion  of  prosperity  among 
a  great  population  than  the  world  has  ever 
known.  To  whatever  department  of  activity 
we  turn,  after  making  all  necessary  allowances 
for  ignorance,  shiftlessness,  and  vice,  we  still 
find  throughout  the  country,  dominant  and 
pervasive,  the  note  of  energy  and  resistless 
ambition.  The  vitality  of  the  people  has  not 
been  sapped  by  prosperity.  The  increase  of 
comfort  has  not  impaired  their  virility.  We 
are  still  a  hardy  people,  equal  to  our  task, 
and  pressing  forward  vigorous  and  determined 
in  every  direction  to  enlarge  the  record  of 
achievement. 

It  is  easy,  looking  at  phases  of  our  life  in 
an  absolute  way,  for  one  who  is  pessimistically 
inclined  to  gather  statistics  which  superficially 
considered  are  discouraging.  Congestion  in 
our  great  cities,  the  widened  opportunities  for 
the  play  of  selfishness,  and  the  increase  of 
temptations  following  in  the  wake  of  prosper 
ity  give  rise  to  an  appalling  number  and  variety 


Chautauqua,  August  24,  1907     205 

of  private  and  public  wrongs  whose  thousands 
of  victims  voice  an  undying  appeal  to  humanity 
and  patriotism.  But  one  would  form  a  very 
inaccurate  judgment  of  our  moral  condition 
by  considering  these  wrongs  alone.  They  must 
be  considered  in  their  relation  to  other  phases 
of  our  life.  We  must  not  fail  to  take  note  of 
the  increasing  intensity  of  the  desire  to  find 
remedies  and  the  earnestness  with  which  all 
forms  of  evil  and  oppression  are  attacked. 

The  ethical  sentiment  of  our  country  is  not 
to  be  judged  by  statistics  of  formal  relations 
to  particular  institutions.  It  must  be  deter 
mined  by  the  general  ethical  standards  of  the 
people  and  their  vital  regard  for  sobriety, 
virtue,  and  fiduciary  responsibility.  It  may 
largely  be  judged,  not  by  what  they  approve 
in  conventional  phrase,  but  by  what  they 
sharply  condemn  and  refuse  to  tolerate  in  con 
crete  cases.  I  believe  that  the  moral  stand 
ards  of  the  American  people  were  never  more 
sound  than  they  are  to-day.  Considering  the 
tremendous  increase  in  the  opportunities  for 
wrongdoing,  the  seductive  and  refined  tempta 
tions,  and  the  materialistic  appeals  that  are 
incident  to  our  present  mode  of  life,  and  the 
material  comforts  which  invention  and  com 
merce  have  made  possible,  I  believe  that  the 


206  Charles  Evans  Hughes 

manner  in  which  the  ethical  development  of 
the  people  has  kept  pace  with  their  progress  in 
other  directions  may  fairly  be  called  extraor 
dinary.  It  is  really  because  our  ethical  stand 
ards  are  so  high  that  we  fail  more  frequently 
to  take  to  account  this  fact. 

In  saying  this  I  am  not  at  all  unmindful  of 
how  far  short  we  come  of  an  ideal  state  of 
society.  On  the  contrary,  existing  evils  are 
the  more  noticeable  because  they  stand  out  in 
strong  contrast  to  the  desires  and  aspirations 
of  the  people.  We  have  had  disclosures  of 
shocking  infidelity  to  trust  and  to  public  obli 
gation,  but  more  important  than  the  evil  dis 
closed  was  the  attitude  of  the  people  toward 
it.  Cynics  have  no  audience  in  this  country. 
Devotion  to  duty  and  strict  discharge  of  honor 
able  obligation  to  both  individual  and  public 
are  not  hypocritically  preached,  but  are  the  sin 
cere  and  insistent  demand  of  the  American 
people  from  one  end  of  the  land  to  the  other. 
Individual  shortcomings  are  many,  but  the 
moral  judgment  of  the  community  is  keen 
and  severe.  In  this  we  find  just  cause  for 
satisfaction. 

For  years  there  have  been  many  prophets 
of  civic  right-doing,  who  have  been  preaching 
good  government  and  insisting  that  citizens 


Chautauqua,  August  24,  1907     207 

should  take  a  more  active  interest  in  public 
affairs.  To-day  the  American  people  are  more 
alive  to  the  importance  of  impartial  and  honor 
able  administration  than  ever  before.  They 
do  not  simply  discuss  it ;  they  demand  it. 
While  in  many  communities  administration  is 
controlled  in  the  selfish  interest  of  a  few  to 
the  detriment  of  the  people,  that  which  is 
most  characteristic  of  our  present  political  life  is 
the  determination  that  selfish  abuse  of  govern 
mental  machinery  shall  stop. 

Our  country  may  be  likened  to  a  man  of 
excellent  constitution  and  native  vigor  who  is 
determined  by  a  proper  system  of  hygiene  and 
suitable  rules  of  conduct  to  correct  disorders 
in  his  system  and  come  as  closely  as  possible 
to  perfect  health.  And  in  taking  account  of 
his  condition  he  may  have  a  pardonable  pride 
in  finding  that  there  is  no  evidence  of  decay 
in  his  vital  functions,  and  that  there  is  every 
indication  of  fundamental  soundness  and  of 
steady  improvement.  It  may  be  added  that 
the  improvement  will  be  much  more  rapid  if  he 
aims  to  avoid  undue  excitement  of  his  nervous 
system. 

When  the  public  conscience  is  awake  and 
the  people  are  no  longer  insensible  to  their 
social  and  political  needs,  what  is  most 


208  Charles  Evans  Hughes 

required  is  careful  analysis  of  existing  evils,  a 
true  diagnosis,  and  skilful  treatment.  Social 
and  political  affairs  are  the  affairs  of  men  and 
women,  of  human  beings  with  their  variety  of 
good  qualities  and  many  imperfections.  They 
cannot  be  dealt  with  after  the  manner  of  chem 
ical  reactions  in  a  laboratory.  Despite  all  the 
advantages  of  democracy,  perfect  scientific 
treatment  of  political  conditions  cannot  be 
expected,  for  that  would  imply  perfect  human 
nature.  With  that,  it  would  be  easy  to  realize 
happiness  either  with  a  minimum  or  maximum 
of  government.  We  necessarily  deal  with  ap 
proximations.  And  we  Americans,  endeavor 
ing  to  make  a  true  appreciation  of  present 
conditions,  may  justly  be  proud  of  the  high 
character  of  our  citizenship  and  of  the  advance 
which  has  been  made ;  and  with  a  new  realiza 
tion  of  the  preciousness  of  our  birthright  and 
the  serious  importance  of  our  obligation,  we 
should  set  ourselves  determinedly  to  the  work 
of  all  necessary  correction. 

We  are  a  good-natured  people  and  we  wish 
no  harm  to  any  one  who  does  right.  We  are 
simply  set  upon  procuring  the  doing  of  the 
right  thing  in  the  right  way  in  all  our  public 
relations. 

Our  prosperity  has  its  source  in  our  agri- 


Chautauqua,  August  24,  1907     209 

cultural  and  mineral  resources,  in  our  industry, 
in  our  talent  for  effective  effort,  and  in  our 
moral  strength  and  mutual  confidence.  All 
these  are  essential,  and  the  last  as  well  as  the 
first. 

Confidence  depends  upon  the  assurance  of 
stability.  By  stability  is  not  meant  fixity  of 
things  or  relations,  but  steadiness.  It  may  be 
steadiness  in  motion.  Paradoxical  as  it  may 
seem,  human  society  cannot  be  stable  unless  it 
is  progressive.  That  is  because  growth  and 
progress  are  the  law  of  our  nature. 

Under  certain  forms  of  government,  stability 
has  been  maintained  by  force  exercised  for  the 
benefit  of  a  privileged  few  and  without  regard 
to  the  necessities  of  the  great  masses  of  the 
people.  In  a  democracy  stability  depends 
upon  the  reign  of  reason,  and  it  is  the  fact 
that  we  are  a  common-sense  people  that  gives 
us  assurance  for  the  future. 

Reason  demands  the  facts.  By  the  require 
ment  of  publicity  is  not  meant  scrappy  sensa 
tionalism  or  distorted  emphasis.  It  is  the 
demand  that  public  affairs  and  business  which 
is  of  a  public  nature  because  of  its  relation  to 
the  public  interest  shall  be  conducted  in  the 
light  of  day,  and  that  the  public  shall  have 
the  truth,  the  whole  truth,  and  nothing  but 


210  Charles  Evans  Hughes 

the  truth  in  regard  to  the  matters  that  concern 
them.  The  emotions,  in  proper  control,  sup 
ply  the  power  necessary  to  accomplish  results, 
but  the  judgment  must  not  be  displaced  by 
passion. 

Reason  implies  patience.  This  is  the  hard 
est  lesson  for  democracy  to  learn.  It  is  not 
meant  that  unnecessary  delays  should  be  tol 
erated,  or  that  obstacles  should  not  be  sur 
mounted  by  determined  effort.  It  does  not 
mean  weakness  or  paltering ;  it  simply  means 
a  desire  to  bring  about  good  order  by  orderly 
processes  ;  it  means  recognition  of  our  mutual 
dependence,  of  our  complex  relations  in  so 
ciety,  and  of  the  necessity  that  our  efforts  in 
social  progress  should  not  be  haphazard  nor 
spasmodic,  but  steady,  sober,  and  persistent. 
Reason  fights  evil  with  the  drill  and  precision 
of  regular  troops. 

Reason  in  its  rule  of  governmental  activities 
demands  even,  impartial,  and  consistent  en 
forcement  of  the  law.  Stability  and  confi 
dence  can  never  be  assured  save  by  strength 
and  firmness.  Nothing  so  quickly  undermines 
society  as  a  failure  to  enforce  its  laws.  No 
one  is  secure  in  his  life,  in  his  liberty,  or  in  his 
daily  wage,  save  as  this  is  a  government  of 
law  whose  strong  arm  compels  obedience  to 


Chautauqua,  August  24,  1907     211 

its  mandates,  the  expression  of  the  people's 
will.  It  is  an  egregious  blunder  to  suppose 
that  to  make  the  administration  of  government 
and  the  enforcement  of  law  a  matter  of  caprice 
involves  danger  only  as  to  the  subject  directly 
concerned.  The  evil  cannot  be  so  confined, 
but  poisons  the  whole  governmental  system. 

Care  in  making  laws  and  firmness  and  im 
partiality  in  executing  them  are  the  securities  of 
our  peace.  Lax,  corrupt,  unintelligent,  or  vacil 
lating  administration  not  only  causes  dissatis 
faction  but  inevitably  leads  to  ignorant  and 
extravagant  demands.  Strong,  even-tempered, 
and  dignified  administration,  relentless  and  im 
partial,  favoring  neither  rich  nor  poor,  know 
ing  no  motive  but  its  manifest  duty,  compels 
respect,  and  by  the  very  certainty  of  its  opera 
tions  conserves  the  public  confidence.  In  this 
way  alone  can  we  secure  intelligent  considera 
tion  of  existing  defects  or  of  needed  remedial 
measures.  Pure  and  efficient  administration 
is  the  foundation  of  social  progress. 

Whatever  natural  causes  may  account  for 
the  development  of  any  particular  form  of 
government  at  any  time  or  place,  the  object  of 
government,  philosophically  considered,  is  to 
secure  the  happiness  of  the  individual  who 
so  conducts  himself  as  to  permit  the  equal 


212  Charles  Evans  Hughes 

happiness  of  others.  Democracy  has  con 
stantly  to  struggle  against  three  abuses. 

The  first  is  the  abuse  of  the  freedom  allowed 
for  individual  effort.  This  is  illustrated  by 
concerted  attempts  on  the  part  of  those  who 
find  themselves  in  a  strong  position  to  put 
others  at  disadvantage  by  unfair  means.  It  is 
the  business  of  a  free  government,  desiring  so 
far  as  possible  to  give  each  individual  a  fair 
chance,  to  put  a  stop  to  improper  practices  de 
signed  to  restrict  the  area  of  opportunity. 

Then  there  is  the  abuse  of  privileges  received 
from  the  government  itself,  the  misuse  of  pub- 
1'ic  franchises  granted  upon  condition  that  they 
shall  be  used  to  benefit  the  public.  It  is  the 
business  of  a  free  government  to  secure  the 
just  use  of  such  franchises  for  the  public 
benefit. 

There  is  also  the  abuse  of  the  system  of  gov 
ernment  itself  by  prostituting  representative 
powers  to  selfish  advantage. 

To  guard  against  these  abuses  and  put  an 
end  to  them  where  they  exist,  the  people  must 
be  constantly  alert.  Faithful  representation  of 
the  people  is  of  the  essence  of  the  matter. 
Democracy  upon  a  large  scale  would  inevitably 
fail  were  not  the  people  able  to  act  through 
their  chosen  representatives.  It  is  only  upon 


Chautauqua,  August  24,  1907     213 

simple  and  broad  propositions  of  policy  that 
the  people  can  act  directly.  It  is  difficult  to 
procure  a  complete  understanding,  even  by 
those  charged  with  its  consideration,  of  any 
complicated  measure. 

We  have  a  republic  only  in  name  if  those 
chosen  to  represent  the  people  serve  other 
interests.  In  their  insistence  upon  singlemind- 
edness  in  the  public  service,  the  people  will 
have  no  compromise.  They  demand  a  greater 
voice  in  the  selection  of  candidates  for  office. 
They  insist  that  those  whom  they  choose  shall 
recognize  their  representative  responsibility. 
We  have  had  too  many  men  posing  as  the 
people's  choice  who  were  simply  the  repre 
sentatives  of  particular  business  interests  or 
the  appointees  of  a  political  leader  put  in  office 
to  do  his  bidding.  Party  organization  must 
find  its  bond  of  union  in  devotion  to  certain 
common  principles.  There  are  relatively  few 
communities  in  which  it  can  longer  hope  to 
win  public  support  if  its  political  power  is 
devoted  to  the  advancement  of  the  selfish 
interests  of  its  members. 

We  shall  always  need  political  leadership. 
The  work  of  analysis,  of  careful  study  of  ex 
isting  problems,  of  devising  necessary  remedies 
for  admitted  abuses,  of  representing  to  the 


214  Charles  Evans  Hughes 

people  the  course  to  be  taken  for  their  pro 
tection,  must  be  done.  There  must  be  organ 
ization  in  order  that  measures  conceived  to  be 
in  the  public  interest  may  have  proper  sup 
port.  But  leadership  and  organization  to 
recommend  themselves  to  public  confidence 
must  be  purged  of  the  vice  of  self-service. 

Let  there  be  no  vague  fears  about  the  out 
come.  I  place  full  confidence  in  the  sobriety 
and  integrity  of  motive  of  the  American  peo 
ple.  I  have  profound  belief  in  their  ability  to 
cure  existing  evils  without  disturbing  their 
prosperity.  I  am  convinced  that  we  shall 
have  more  and  more  intelligent  and  unselfish 
representation  of  the  people's  interests ;  that 
political  leadership  will  be  tested  more  and 
more  by  the  soundness  of  its  counsel  and  the 
disinterestedness  of  its  ambition.  I  believe 
that  with  an  increasing  proportion  of  true 
representation,  with  increasing  discriminating 
public  discussion,  with  the  patient  application 
of  sound  judgment  to  the  consideration  of 
public  measures,  and  with  the  inflexible  deter 
mination  to  end  abuses  and  to  purify  the  ad 
ministration  of  government  of  self-interest,  we 
shall  realize  a  greater  prosperity  and  a  wider 
diffusion  of  the  blessings  of  free  government 
than  we  have  ever  hitherto  been  able  to  enjoy. 


VII. 

Speech  at  the  Washington  County  Fair, 
Sandy  Hill,  N.  Y,,  August  27,  1907. 

Fellow  Citizens  : 

I  am  very  glad  that  the  first  County  Fair 
that  it  is  my  good  fortune  to  visit  should  be 
held  in  Washington  County,  the  home  of  my 
early  childhood.  When  I  came  down  the 
streets  a  few  minutes  ago  on  the  way  to  these 
grounds  forty  years  were  obliterated,  and  in 
front  of  the  old  barn  I  saw  a  little  child  being 
lifted  by  his  father,  to  sit  upon  the  cream- 
colored  family  horse,  and  I  saw  a  little  chair 
upon  a  small  stoop  in  which  that  little  child 
used  to  sit.  I  heard,  dimly,  but  memory  could 
almost  reconstruct  the  scene  perfectly,  the 
strains  of  martial  music,  and  saw  in  my  mind's 
eye  the  brave  men  gathered  together,  and  not 
for  show,  solemnly  surrounded  by  tearful  friends 
in  the  awful  hour  of  the  Nation's  peril.  Men 
gathered  to  say  good-by,  and  the  pastor,  my 
father,  close  at  hand  saying  a  word  of  comfort 
as  those  men  were  ready  to  march  to  the  front 

215 


216  Charles  Evans  Hughes 

in  the  defence  of  the  Union, — dimly,  and  yet 
I  can  see  it.  And  I  remember  in  a  faint  way, 
but  still  the  agony  of  it  impressed  my  childish 
heart,  the  awful  strain,  the  cry  of  anguish 
when  the  news  came  of  the  death  of  our 
martyred  President. 

Though  we  may  travel  widely  through  the 
world,  and  life  may  bring  to  us  many  changes 
of  scene  and  vicissitudes  of  fortune,  yet  we 
never  grow  old  in  our  hearts.  And  nothing  can 
take  away  from  us  the  memories  of  our  early 
years  or  destroy  the  affection  that  we  hold, — 
whatever  changes  of  population  or  changes  in 
external  conditions  may  affect  the  scenes  of 
our  early  life, — for  that  which,  as  a  child, 
we  learned  to  call  home.  And  to  me,  the 
world  in  those  days  was  bounded  by  Glens 
Falls  and  Fort  Edward,  and  the  centre  of  it 
was  Sandy  Hill. 

Now,  I  did  n't  come  here  to-day  to  tell  you 
how  to  run  your  industries,  or  to  manage  your 
farms.  You  know  a  great  deal  more  about 
that  than  I  do,  and  because  I  have  been 
chosen  Governor  of  the  State,  I  don't  assume 
suddenly  to  have  acquired  a  great  deal  of  in 
formation  about  your  business.  You  know 
what  is  good  for  you  in  your  daily  vocation ; 
you  know  what  you  need,  and  I  don't  assume 


Washington  County  Fair,  1907    217 

to  appear  here  as  an  instructor.  I  do  come 
here  simply  to  show  my  pleasure  at  the 
opportunity  of  greeting  my  fellow  citizens, 
and  to  talk  over  with  you  in  an  informal 
and  direct  way  some  of  the  matters  that 
immediately  concern  you  and  me  in  con 
nection  with  the  administration  of  our 
government. 

We  do  not  properly  consider  government 
as  something  aloof  from  us.  We  constitute 
the  people  of  the  State,  and  there  is  no  one 
who  is  not  affected  by  good  or  bad  adminis 
tration.  I  hope  the  time  will  come  when 
every  one  engaged  in  industrial  employment 
will  have  closely  at  his  heart  the  needs  of 
those  engaged  in  agriculture,  and  those  who 
are  devoted  to  the  cultivation  of  the  soil 
should  have  consideration  and  concern  for 
the  lot  of  those  who  are  sweating  in  the  fac 
tory  and  shop.  We  are  necessary  to  each 
other.  We  are  one  people,  and  we  should 
learn  to  know  that  in  connection  with  matters 
of  government  there  can  be  no  division  into 
classes,  either  according  to  fortune,  or  accord 
ing  to  lot  and  vocation.  But  we  shall  be 
successful  or  the  reverse,  according  to  the 
realization  of  our  common  citizenship  and  our 
determination  all  to  pull  together  to  make  this 


218  Charles  Evans  Hughes 

the  greatest  and  most  prosperous  country  the 
world  has  ever  known. 

Now,  the  principles  of  government  are  very 
simple.  The  principles  of  government  may 
be  difficult  in  their  application,  but  they  are 
obvious  to  any  student,  to  anyone  who  pauses 
for  a  moment  to  consider  the  affairs  of  his 
State.  Fundamentally,  the  great  thing  is  local 
government.  When  we  think  of  administra 
tion,  we  are  accustomed  to  look  far  away  from 
home,  to  Albany,  to  a  remote  place  where  sit 
the  leaders  of  the  State.  The  place  to  look 
primarily  in  order  to  secure  good  government 
and  good  administration  is  at  your  own  home. 
We  have  great  need  to  emphasize  the  im 
portance  of  local  government  and  the  sense 
of  accountability  to  each  locality  or  community 
of  those  who  in  that  locality  or  community 
have  immediate  charge  of  local  affairs.  Now 
it  is  a  principle  of  administration  that  you 
want  to  have  done  locally  all  that  you  can  get 
done  locally,  and  as  little  done  away  from 
home  as  may  be  necessary  to  the  maintenance 
of  free  institutions.  That  is  the  way  to  have 
good  government,  and  therefore,  to  the  extent 
of  my  ability,  during  the  legislative  session,  I 
aimed  to  refer  to  local  communities  the  matters 
which  should  be  within  their  exclusive  control. 


Washington  County  Fair,  1907    219 

It  is  not  the  proper  thing  to  run  to  Albany 
to  see  whether  the  salary  of  some  local  official 
should  be  increased.  It  is  not  the  proper  thing 
to  run  to  Albany  to  get  a  special  bill  relating 
to  this  or  that  matter,  which  properly  should  be 
committed  to  the  discretion  of  the  local  board. 
The  true  rule  of  government  is  to  have  the 
local  board  attend  to  the  things  that  affect  the 
locality,  and  to  have  the  people  of  the  com 
munity  hold  that  local  board  responsible  for 
the  way  it  does  business. 

It  has  been  said  to  me  again  and  again,  not 
by  representatives  of  this  county  I  will  say, 
but  by  representatives  of  other  counties : 
"  Why,  that  will  never  do.  You  don't  know 
our  condition.  If  the  local  board  is  to  attend 
to  this  matter,  what  will  become  of  us  ?  We 
can't  get  anything  done ! "  My  friends,  that 
means  that  you  have  no  confidence  in  free  in 
stitutions.  You  can't  expect  good  republican 
government,  unless  in  each  locality  there  is 
good  citizenship  enough  to  hold  men  account 
able  for  the  performance  of  a  public  duty  in 
connection  with  those  matters  which  every 
citizen  knows  affect  him  and  his  business  in 
the  running  of  the  community  in  which  he  has 
his  home. 

And  therefore  I   say  the  first  principle  of 


220  Charles  Evans  Hughes 

administration  is  to  keep  things  in  connection 
with  local  government  locally  administered  so 
far  as  possible.  But  of  course,  as  I  said,  the 
best  thing  we  can  do  is  to  make  an  approxi 
mation.  We  can't  ^et  everything  perfect  in 
this  world  and  the  less  so  because  the  Legisla 
ture  from  time  immemorial  has  been  passing 
special  bills  affecting  particular  localities,  and 
you  are  hidebound  in  many  respects,  and  can't 
adjust  things  without  other  special  bills.  And 
the  result  is  that  one  special  bill  becomes  the 
parent  of  a  progeny  of  special  bills  increasing 
in  geometrical  ratio  with  the  generations.  I 
have  been  sitting  there  in  Albany  trying  to 
maintain  a  few  obvious  principles  of  our  dem 
ocratic  government  and  I  have  been  appalled 
at  the  enormous  mass  of  local  special  legisla 
tion  that  I  had  to  sign,  simply  because  of  the 
other  special  legislation  which  had  preceded 
it.  But  that  does  n't  mean  that  we  can't  do 
our  best  and  somewhere  draw  the  line  which 
it  seems  practicable  to  draw ;  and  wherever  I 
could  draw  it  without  doing  injustice  and 
occasioning  injury  to  local  communities,  I 
have  drawn  it,  and  I  have  said :  "  Settle  your 
own  affairs." 

But,  of  course,  every  local  government,  prop 
erly  considered,  is  an  arm  of  the  State,  and 


Washington  County  Fair,  1907    221 

however  great  the  importance  of  its  local  ad 
ministration  it  is  the  State  that  is  the  organism 
of  the  people  and  is  responsible  for  administra 
tion  everywhere.  It  was  a  great  question 
many  years  ago  as  to  how  this  division  should 
be  properly  maintained — how  the  State  should 
do  its  duty.  It  has  been  practically  guaran 
teed  by  reserving  to  the  Governor  of  the  State 
the  power  of  removal  of  certain  local  officers 
upon  the  presentation  of  charges  after  they 
have  been  sustained  by  proper  evidence  and 
after  hearing  has  been  afforded. 

That  was  intended,  on  the  one  hand,  to  en 
force  local  accountability  through  the  process 
of  election  and  appealing  to  the  people  of  the 
community  ;  and,  on  the  other  hand,  in  case  of 
a  breakdown,  to  give  the  State  an  opportunity 
to  guarantee,  perhaps  to  a  minority,  a  properly 
administered  government  and  to  give  its  repre 
sentative  the  chance  for  necessary  correction. 
But  while  the  Governor  must  do  his  duty, — 
he  is  charged  with  the  enforcement  of  the  law 
and  he  must  not  hesitate,  if  a  case  is  made, 
to  act  in  accordance  with  his  responsibility,— 
it  is  the  greatest  mistake  in  the  world  to  run 
to  Albany  to  hold  the  men  whom  you  elect 
accountable  for  the  discharge  of  their  duties 
when  you  can  attend  to  the  matter  at  home. 


222  Charles  Evans  Hughes 

And  then,  when  we  go  a  step  farther,  we 
find,  not  simply  with  reference  to  these  matters 
of  local  administration  but  generally,  the  im 
portant  principle  that  we  should  settle  these 
things  by  general  legislation,  and  not  by  laws 
for  special  instances.  You  would  be  surprised 
at  the  number  of  people  there  are  in  this 
State  trying  to  get  something  special  for  them 
selves  from  the  State  Government.  There 
seems  to  be  an  idea  on  the  part  of  a  good 
many  that  the  State  is  a  fair  mark  whether  it 
is  an  "  easy  mark"  or  not ;  and  that  does  not 
apply  simply  to  individuals,  it  applies  to  com 
munities.  A  great  cry  for  something  special- 
something  for  me,  something  for  my  town, 
something  for  this,  an  advantage  over  some 
body — what  do  we  care  for  the  rest,  if  we  can 
only  get  it  through  the  Legislature  and  get 
the  Governor  to  sign  it  ? 

That  is  not  the  true  way  of  running  the 
State  Government.  Why  should  we  have 
special  claim  bills,  for  example,  in  favor  of  A., 
B.,  C.,  and  D.  as  to  this  and  that  matter?  If 
a  member  does  not  have  large  influence  in  the 
Legislature,  his  particular  constituents,  how 
ever  praiseworthy  their  demands,  have  no 
chance.  But  if,  on  the  other  hand,  the  member 
is  an  influential  man :  if  he  is  a  man  of  great 


Washington  County  Fair,  1907    223 

importance  not  simply  locally  but  in  the  Legis 
lature  and  in  the  councils  of  its  chief  commit 
tees, — why  then  it  goes.  And  it  comes  up  to 
the  Governor,  and  Mr.  A.,  fortunate  as  a  con 
stituent  of  this  distinguished  member,  gets  his 
claim,  and  B.,  C.,  and  D.,  who  have  not  had  an 
equal  influence,  are  left  out.  Now  I  don't  call 
that  proper  and  decent  government. 

So  I  say  this :  If  we  have  n't  got  rules, — 
general  rules  that  are  fair  and  square  as  to 
claims, — let  us  make  them  fair  and  square ;  let 
us  amend  them.  If  the  jurisdiction  of  our 
Court  of  Claims  is  not  broad  enough  to  cover 
all  classes  that  should  be  brought  within  it,  let 
us  make  it  so.  But  let  us  no  more  pass  one  of 
these  bills  than  we  would  pass  a  bill  enlarging 
the  jurisdiction  of  one  of  our  general  courts  to 
let  in  a  particular  case.  The  only  difference  is 
that  the  people  have  not  been  fully  educated 
to  it.  Tremendous  pressure  is  brought  upon 
a  man  in  the  case  of  a  claim  of  apparently 
great  justice.  If  he  says  :  "In  consideration 
of  its  equities  I  will  sign  that,"  he  must  sign  a 
lot  of  others  by  reason  of  those  he  has  signed 
before,  until  finally  he  says :  "  It  is  all  over. 
I  will  sign  anything  you  give  me." 

Now  the  only  way  to  do  is  to  have  some 
principles  of  administration  and  stand  by  them, 


224  Charles  Evans  Hughes 

and  so  far  as  possible  stand  by  general  laws 
because  they  are  fair,  because  they  are  impar 
tial,  because  they  don't  depend  upon  what  this 
particular  man  is  able  to  do  by  reason  of  his 
acquaintance  with  another  particular  man,  and 
because  they  depend  upon  fundamental  prin 
ciples  of  reason  applicable  to  all  men  in  each 
particular  case.  That  is  free  government.  Free 
government  and  proper  representation  are  not 
a  matter  of  "  pull "  at  all ;  they  are  matters  of 
fairness  and  justice. 

And  now  that  comes  home  to  all  of  you, 
good  friends,  in  your  particular  community. 
If  you  want  that  medicine  for  others,  take  it 
yourself ;  and  don't !  don't !  bombard  your 
representatives  who  go  to  Albany  trying  to 
do  the  square  thing  and  not  only  to  represent 
their  community  but  to  represent  fairly  the 
entire  State,  by  trying  to  have  them  get  some 
thing  for  you  which  you  know  if  they  were  try 
ing  to  get  for  somebody  over  in  Essex  County 
you  would  say  was  not  right.  We  have  got  to 
deal  with  these  things  impartially  and  with  re 
gard  to  all  the  general  operations  of  the  govern 
ment  of  the  State.  While  of  course  once  in  a 
while  we  can,  as  I  say,  have  absolute  rules, 
exceptions  will  occur;  but  in  the  main  let 
us  try  to  have  general  principles  of  govern- 


Washington  County  Fair,  1907    225 

ment,   adhere  to  them,   and  make  them  work 
uniformly. 

The  great  need  with  regard  to  government 
in  this  country  is  that  the  people  shall  feel 
that  it  works  impartially  and  squarely  and  no 
one  gets  the  advantage  over  his  fellows. 

Now,  we  have  had  legislation  of  great  impor 
tance  during  the  last  session  touching  the  vital 
interests  of  the  people  of  the  State.  I  believe 
that  it  would  be  hard  to  find  a  session  of  the 
Legislature  in  which  so  much  general  legislation 
of  great  importance  has  been  enacted.  We 
have,  for  example,  the  question  of  the  control 
of  the  operation  of  our  public-service  corpora 
tions.  It  is  a  question  of  great  importance  to 
all  the  people ;  to  the  farmers,  to  those  engaged 
in  industry,  to  those  engaged  in  commerce,— 
one  of  the  great  questions  of  the  day.  There 
are  some  people  who  would  have  this  pass 
upon  the  general  view  that  you  don't  under 
stand  it  and  the  quicker  you  do  something, 
the  better.  That  would  be  like  a  man  pro 
fessing  to  be  a  surgeon  who  would  jab  his 
knife  in  here  and  jab  his  knife  in  there  to  see 
how  the  patient  stood  it  and  then  gradually, 
after  these  repeated  jabs,  make  up  his  diagnosis 
and  see  what  the  proper  surgical  treatment 
should  be. 


226  Charles  Evans  Hughes 

I  believe  that  the  way  to  deal  with  these 
matters  is  to  understand  them;  is  to  have  the 
government  and  its  administration  supreme;  is 
to  show  the  people  of  the  State  that  there  is  no 
corporate  power  or  financial  power  that  has 
any  strength  to  defy  the  will  of  the  people; 
that  they  are  going  to  have  a  fair  understand 
ing  of  the  facts  and  compel  a  just  exercise  of 
public  franchises.  That  is  what  we  stand  for. 
We  want  to  see  great  extension  of  our  trans 
portation  facilities ;  we  want  better  stations ; 
we  want  more  cars;  we  want  better  power;  we 
want  to  see  our  goods  moved;  we  want  more 
comfort  and  convenience  in  our  travel;  we  want 
good  service.  We  are  bound  to  get  it.  We 
are  not  going  to  be  fooled  by  the  people  who 
tell  us  that  they  can't  do  these  things  and  live, 
under  fair  regulation.  On  the  other  hand,  we 
are  not  going  to  prevent  them  from  doing  these 
things,  by  absurd  and  impossible  rules.  The 
people  of  this  country  are  perfectly  fair  and 
square  in  this  matter.  The  great  difficulty  is 
that  the  problem  is  so  intricate  in  many  of  its 
phases  that  some  say  :  "  What  is  the  use?  You 
can  never  understand  it." 

I  say  that  the  government  is  perfectly  com 
petent  to  find  out  the  facts,  to  secure  good 
treatment,  to  enforce  the  regulations  under 


Washington  County  Fair,  1907    227 

which  these  franchises  should  be  conducted,  and 
to  see  that  every  citizen  of  the  State  gets  good 
service  at  reasonable  rates ;  and  that  is  what 
we  have  been  trying  to  provide  governmental 
machinery  for  in  this  State.  I  believe  that  we 
have  accomplished  a  great  deal  in  this  direc 
tion.  We  have  men  devoting  themselves 
exclusively  to  the  understanding  of  these  prob 
lems.  We  are  going  to  have  things  done  right, 
— thoroughly,  fairly,  and  as  the  people  want 
them  done,  in  recognition  of  the  obligations  of 
these  corporations  to  the  State. 

And  in  these  matters,  as  I  have  said,  the 
great  thing  is  to  provide  machinery  so  that  the 
people  will  feel  that  they  are  represented ; 
that  they  are  not  held  down  ;  that  they  can 
get  at  things  ;  that  there  is  someone  with  the 
original  power  of  investigation  ;  that  there  is  a 
board  representing  the  government  that  can 
act,  with  adequate  power  to  enforce  a  fair  rule 
when  the  justice  of  it  has  been  shown.  Now 
we  have  looked  at  the  matter  squarely  and 
with  the  approval  of  the  people  of  the  State 
from  one  end  to  the  other  have  got  that 
machinery  ;  and  now  we  are  going  to  see  that 
it  works  well  and  that  everything  that  can  be 
done  is  done  to  protect  the  people. 

We  have  a  great  variety  of  questions.     Of 


228  Charles  Evans  Hughes 

course,  fundamentally,  the  thing  is  for  every 
individual  to  have  a  fair  show  to  do  his  work. 
Fundamentally,  the  thing  is  to  have  the  greatest 
freedom  of  opportunity  and  not  to  interfere 
with  individual  exertion.  But,  on  the  other 
hand,  the  State,  representing — being,  in  fact — 
all  the  individuals  of  the  State  together,  must 
see  that  no  one  individual  gets  an  opportunity 
at  the  unjust  expense  of  his  neighbor,  and  that 
those  matters  that  can  be  taken  care  of  only  by 
concerted  action  will  be  taken  care  of  in  a  way 
that  will  defend  the  interests  of  all. 

For  example,  the  State  has  entered  upon  a 
great  undertaking  for  the  development  of  our 
roads, — a  matter  of  the  greatest  advantage  to 
the  agricultural  communities  of  the  State,  in 
order  that  they  may  get  to  market  and  the 
exchanges  and  that  their  intercourse  may  be 
facilitated.  But  in  connection  with  that,  while 
I  am  going  to  say  nothing  about  it  in  detail 
to-day,  let  me  suggest  this, — that  it  is  perfectly 
idle  to  have  new  roads  unless  we  have  a  proper 
means  of  maintaining  and  keeping  roads  fit. 

With  regard  to  the  adulteration  of  foods  ;  in 
all  matters  affecting  the  public  health ;  in  the 
operations  of  commerce;  in  all  those  things 
which  are  essential  to  the  public  good,  the  State 
must  interfere  and  by  a  strong  hand  protect 


Washington  County  Fair,  1907    229 

the  people.  I  shall  not  attempt  to  go  over  the 
various  steps  taken  at  the  last  session  in  this 
direction,  but  we  have  made  great  progress  in 
connection  with  the  Agricultural  Department; 
in  connection  with  the  Labor  Department ;  in 
connection  with  our  public-service  regulation  ; 
in  connection  with  a  great  many  subjects  in 
which  you  are  all  interested. 

Let  me  say  this  in  conclusion  :  You  can't 
do  anything  by  multiplying  these  efforts  of  the 
administration  unless  you  can  get  the  men 
to  run  the  machinery ;  unless  you  can  get  men 
with  a  sense  of  honor  and  fidelity  to  duty  who 
can  be  depended  upon  to  take  the  State  view, 
not  against  your  view,  but  against  their  own 
interests.  That  is  the  test.  To  take  the  State 
view, — the  high  view  of  citizenship, — the  sense 
of  honorable  obligation  to  all  the  people  which 
would  make  a  man  rather  cut  off  his  and  than 
cheat  a  man  who  does  n't  see  him  when  he 
does  it. 

The  great  point  is  to  have  that  self-respect 
which  will  make  it  the  greatest  service  that  a 
man  can  render,  in  his  own  opinion,  to  be  true 
to  a  sense  of  duty  when  he  has  a  chance  to 
serve  the  people  ;  to  take  up  the  work  with  the 
proper  sense  of  responsibility  and  devote  him 
self  to  it, — not  because  he  wants  a  re-election ; 


230  Charles  Evans  Hughes 

not  because  he  wants  another  office ;  not  be 
cause  the  people  will  shout  their  applause,  but 
because  it  is  right  and  his  own  conscience  will 
not  let  him  do  anything  else. 

We  can't  do  anything  in  regulating  corporate 
business ;  we  can't  do  anything  in  attempting 
to  protect  public  health;  to  encourage  agricul 
ture  ;  to  make  industry  safe  and  prosperous, — 
we  can't  do  anything  unless  human  character 
which  enters  into  all  administration  is  the 
character  upon  which  you  can  depend,  as 
citizens,  for  fidelity  and  honesty.  And  the 
development  of  that  character  depends  in  turn 
upon  the  standards  of  the  communities  just  like 
this.  What  will  you  tolerate  in  public  life  ? 
Whom  do  you  allow  to  represent  the  people  ? 
Let  us  have  it  thoroughly  understood  that  a 
man  walks  to  his  political  doom  who  thinks  of 
anything  else  but  the  public  welfare  in  connec 
tion  with  public  office. 


VIII. 

Speech  at  the  Dedication  of  the  McKinley 
Monument  in  Buffalo,  September  5, 
1907. 

The  memorials  of  a  free  people  are  erected 
to  commemorate  public  service  and  the  dis 
tinction  of  noble  character.  The  conqueror, 
lustful  of  power,  and  the  seeker  after  self- 
aggrandizement  are  not  counted  among  the 
heroes  of  democracy.  The  people  honor  those 
who,  in  their  service  to  their  fellow  men,  honor 
humanity. 

Here  was  marked  the  tragic  termination  of 
a  great  career.  Here  in  an  awful  moment 
there  were  revealed  in  sudden  lurid  flash  the 
opposing  forces  whose  conflict  is  the  history 
of  mankind.  At  a  time  of  rare  prosperity  ? 
when  American  industry  and  commerce  were 
celebrating  their  triumphs  with  every  circum 
stance  of  proud  display  in  a  city  of  almost 
unprecedented  progress,  the  powers  of  dark 
ness  moved  to  their  attack  and,  in  an  infernal 
frenzy  of  hate,  an  abject  creature  struck  down 

231 


232  Charles  Evans  Hughes 

the  foremost  and  best-loved  of  American  citi 
zens.  Never  did  evil  commit  a  more  dastardly 
deed.  The  victim  was  the  chosen  representa 
tive  of  the  American  people,  no  less  repre 
sentative  in  his  death  than  in  his  life.  The 
assassin's  blow  was  aimed  at  American  institu 
tions,  represented  in  the  head  of  the  Nation,  and 
McKinley  fell  because  he  was  our  President. 

In  memory  of  his  martyrdom,  in  memory  of 
an  heroic  death,  in  testimony  to  the  futility 
of  insensate  envy  and  the  lasting  supremacy  of 
law  and  order,  in  memory  of  a  worthy  life 
crowned  by  its  sad  sacrifice,  this  monument 
has  been  erected. 

The  vitality  of  democracy  may  be  measured 
by  the  generosity  of  its  tributes  to  fidelity  and 
its  appreciation  of  honorable  motive  and  public 
spirit.  The  people  must  have  faith  in  them 
selves,  and  the  zeal  which  makes  progress  pos 
sible  is  not  only  intolerant  of  treachery  to  the 
public  interest,  but  expresses  itself  in  fine  en 
thusiasm  for  the  leaders  who  have  justified  the 
people's  confidence.  Cynicism  is  a  destroying 
canker.  And  in  proportion  as  we  revere  those 
who  in  the  past  have  borne  the  burdens  of  the 
Republic,  gratefully  recognize  our  indebted 
ness  to  their  service,  and  profit  by  the  lessons 
of  their  experience,  shall  we  prove  our  capacity 


McKinley  Monument,  1907        233 

to  meet  the  demands  and  solve  the  problems 
of  a  later  day.  In  our  warm  affection  and  our 
tender  reverence  for  those  great  spirits  who  in 
the  providence  of  God  have  led  us  as  a  people 
we  find  the  surest  basis  for  our  present  trust. 
An  ungrateful  republic  cannot  endure. 

It  is  not  my  purpose  in  this  brief  exercise 
to  attempt  to  recount  the  services  of  him  in 
whose  honor  we  meet.  They  are  an  imperish 
able  part  of  the  Nation's  history.  Soldier, 
Representative,  Governor,  President — these 
were  the  stages  of  his  distinguished  career. 
Having  fought  gallantly  in  his  youth,  through 
out  the  period  of  civil  strife,  to  preserve  the 
Union,  it  was  his  high  privilege  in  his  last 
years  to  preside  over  the  destinies  of  the 
Nation  when,  with  a  revived  and  intensified 
National  consciousness  we  assumed  the  en 
larged  and  unexpected  responsibilities  which 
followed  upon  a  war  carried  to  notable  victory 
under  his  leadership  and  supported  by  the 
people  in  an  unselfish  enthusiasm  for  the  cause 
of  humanity.  It  was  his  happy  lot  to  be 
chosen  the  Chief  Executive  of  the  Nation 
after  a  contest  which  vindicated  the  sanity  of 
the  public  judgment  and  established  new  con 
fidence  in  the  working  of  our  popular  institu 
tions.  With  restored  credit,  the  country  under 


234  Charles  Evans  Hughes 

his  administration,  quickly  recovering  from  the 
depression  of  trade,  entered  upon  a  period  of 
extraordinary  expansion  and  prosperity.  Wil 
liam  McKinley  sought  patiently  to  learn  the 
people's  will  and  faithfully  to  execute  it. 

It  is  a  significant  and  gratifying  characteris 
tic  of  the  American  people  that,  more  than  the 
particular  benefit  conferred  by  service,  they 
prize  the  virtues  of  character  which  in  the 
course  of  service  are  exemplified.  Fidelity  to 
friendship,  the  exquisite  grace  of  a  husband's 
devotion,  the  honor  of  manhood,  the  beauty 
of  the  forbearance  of  unwearied  patience,  en 
deared  William  McKinley  to  the  hearts  of  his 
fellow  citizens,  and  in  their  memory  eclipse 
the  glories  of  an  administration  flattering  to 
American  pride. 

We  may  see  but  dimly  into  the  future.  We 
may  be  confused  by  the  perplexities  of  our 
modern  life,  made  the  more  difficult  by  the 
very  riches  of  our  inheritance,  but  as  we  set 
our  course  by  the  pole-star  of  truth  and  justice 
and  conserve  the  ideals  of  character  which  our 
fathers  have  taught  us  to  revere  we  shall  not 
fail. 


IX. 

Address  at  the  National  Encampment  of 
the  Grand  Army  of  the  Republic, 
Saratoga,  September  10,  1907. 

The  State  of  New  York  welcomes  you  to 
this  encampment.  And  on  behalf  of  the  citi 
zens  of  the  State  it  is  my  privilege  to  express 
their  greeting,  their  felicitations,  and  their  af 
fectionate  regard.  Your  meeting  is  at  once  a 
memorial,  a  contrast,  and  an  inspiration. 

Ineffaceable  is  the  memory  of  the  days  of 
national  peril  and  of  fratricidal  war.  Once 
more  in  this  tender  comradeship  you  live 
through  the  period  of  civil  strife — days  of 
separation  and  of  sorrow,  of  privation  and  of 
danger — but  days  hallowed  by  friendship  ce 
mented  by  a  common  sacrifice  and  made  the 
more  sacred  by  the  losses  of  the  years.  It  is 
not  for  me  to  portray  the  scenes  which  are  so 
vivid  in  your  minds,  or  to  recount  the  heroic 
deeds  which  are  your  title  to  enduring  fame. 
It  would  be  almost  an  impiety  for  me  to  attempt 
to  essay  the  r6le  of  your  comrades  who  need 

235 


236  Charles  Evans  Hughes 

neither  the  narrative  of  history  nor  the  poetry 
of  imagination  to  make  eloquent  the  memories 
of  their  own  experience.  But  I  should  utterly 
fail  adequately  to  represent  the  citizens  of 
New  York  or  to  voice  the  gratitude  of  the 
generation  whese  active  life  began  after  the 
Civil  War  had  closed,  if  I  did  not  testify  to 
their  appreciation  of  the  rich  inheritance  the 
Nation  has  received  at  your  hands. 

The  service  of  heroic  sacrifice  transcends 
even  the  vast  importance  of  a  restored  Union 
and  a  preserved  National  life.  The  Union  is 
but  an  opportunity.  The  Nation  exists  not 
for  the  sake  of  political  relations  or  of  forms  of 
government,  but  to  confer  the  blessings  of 
freedom  and  in  order  that  the  people,  in  the 
diffusion  of  happiness  and  in  the  development 
of  character,  may  realize  the  ideals  of  liberty. 
However  perfect  the  Constitution,  however 
symmetrical  the  political  edifice,  the  end  is  at 
tained  only  to  the  extent  to  which  we  rise 
above  what  is  sordid  and  in  our  achievements 
illustrate  the  virtues  of  sacrifice  and  honor. 
We  are  blessed  with  riches  of  soil  and  mines  ; 
our  natural  resources  are  the  envy  of  the  world. 
But  more  important  than  these  are  the  re 
sources  of  moral  strength  and  the  inheritances 
of  memories  which  inspire  us  to  work  zealously 


Grand  Army  of  the  Republic      237 

for  the  common  good  and  inculcate  lessons  of 
patriotic  devotion  to  the  cause  of  liberty. 

I  congratulate  you  upon  your  share  of  this 
great  contribution,  upon  the  lasting  affection 
of  a  united  people,  upon  the  blessed  memory 
of  painful  and  consecrated  effort  and  of  highest 
duty  well  performed.  By  your  courage  and 
endurance,  by  your  patient  fortitude,  by  your 
unwearied  persistence,  by  your  steadfastness 
in  defeat,  and  magnanimity  in  victory,  by  the 
heroic  service  of  your  leaders,  by  the  noble 
humanity  of  our  martyred  President,  by  the 
work  of  all  who  at  home  or  in  the  field,  in 
humble  station  or  in  great  place,  toiled  and 
sacrificed  for  the  life  of  the  Nation, — our 
people  have  been  pricelessly  endowed.  The 
Nation  so  preserved  and  so  enriched  can  never 
forget  its  mission. 

o 

Your  meeting  points  a  contrast.  We  are  to 
day  a  united  people  rejoicing  in  undissolved 
and  indissoluble  union.  The  heroism  displayed 
on  both  sides  of  that  great  conflict  has  be 
come  a  common  heritage.  Past  animosities  are 
buried  without  forgetting  past  services.  No 
line  north  or  south,  east  or  west,  divides  us  in 
our  devotion  to  National  ideals.  Year  by  year 
we  more  highly  appreciate  the  necessity  and 
value  of  this  unity,  and  North  and  South  join 


238  Charles  Evans  Hughes 

to-day  in  thanksgiving  to  God  that  we  are 
marshalled  under  one  flag,  enjoying  the  peace 
and  prosperity  which  union  only  can  secure. 

Your  meeting,  with  its  imposing  reminder 
of  patriotic  sacrifice,  cannot  but  serve  as  an 
inspiration  to  fidelity  in  public  service.  The 
same  flag  which  floated  over  the  armies  in  the 
field  floats  over  the  public  buildings  in  which 
are  gathered  the  chosen  servants  of  the  people. 
That  flag  for  whose  honor  you  were  ready  to 
give  your  lives  demands  the  same  loyalty  in 
time  of  peace.  Patriotism  is  not  limited  to 
times  of  National  conflict,  but  is  equally  ex 
pressed  in  every  form  of  service  where  love  of 
country  rises  above  love  of  self.  If  the  same 
generous  ardor,  if  the  same  readiness  to  put 
the  cause  of  the  Union  above  all  personal  con 
siderations,  which  characterized  your  service  on 
the  field  of  battle,  is  displayed  in  the  administra 
tion  of  every  department  of  our  government 
and  in  the  maintenance  of  the  cause  of  the 
people  against  every  form  of  corruption  and 
oppression,  we  may  look  forward  to  victories 
of  peace  no  less  significant  and  notable  than 
those  in  which  you  won  and  conferred  a  lasting 
glory. 


X. 

Address  at  the  Dedication  of  the  Monu 
ment  to  General  Greene  at  Gettys 
burg,  September  27,  1907. 

We  have  come  to  this  field  of  eloquent 
memorials  to  pay  a  deserved  tribute  to  one 
who  in  supreme  test  vindicated  his  manhood 
and  his  leadership.  We  are  here  as  New 
Yorkers  to  commemorate  the  fidelity  and 
valor  of  a  son  of  New  York.  We  have  met 
as  citizens  on  consecrated  soil  where  in  se 
verest  conflict  the  heroism  of  two  armies 
glorified  the  American  name,  and  in  the  victory 
of  one  was  found  the  sure  promise  of  a  re 
stored  Union  and  of  the  happiness  of  these 
later  years, 

In  diminished  ranks,  mourning  their  de 
parted  comrades,  yet  rejoicing  in  the  mem 
ories  of  those  heroic  days,  the  survivors  of 
battle  have  gathered  in  honor  of  the  brave 
leader  under  whose  command  the  desperate 
engagement  on  this  hill  was  fought. 

Veterans  :  To  you  these  stones  are  quick 
239 


240  Charles  Evans  Hughes 

with  life.  You  live  again  in  the  comradeship 
of  war,  and  those  who  fell  and  those  who  lived 
to  fall  elsewhere  are  once  more  by  your  side. 
Each  bit  of  ground  has  its  story  of  daring,  of 
resolute  defence,  of  suffering,  of  death.  Here 
in  patriotic  devotion  you  offered  your  lives, 
and  the  memory  of  your  steadfastness  in 
that  dark  hour  is  one  of  the  choicest  of  our 
National  treasures. 

The  Civil  War  was  not  more  notable  for  its 
political  consequences  than  for  its  revelation 
of  the  quality  of  our  citizenship.  Priceless  as 
is  the  National  unity  gained  through  that  strug 
gle,  its  value  rests  upon  that  sterling  character 
and  capacity  for  heroic  effort  which  in  both 
North  and  South  found  abundant  illustration. 
The  virtues  displayed  on  either  side  of  that 
fierce  contest  are  the  common  heritage  of  a 
united  people.  And  alike  in  heroism  upon 
battlefield  and  in  the  fortitude  and  untold 
sacrifices  of  those  who  remained  at  home,  in 
the  skill,  the  discernment,  and  the  energy  of 
leaders,  in  the  discipline,  readiness,  and  valor 
of  the  troops  they  led,  stood  revealed  the 
splendid  pertinacity,  the  inflexible  determina 
tion,  and  the  moral  forcefulness  of  American 
manhood. 

New   York   is   prouder   of  the   manner  in 


General  Greene,  Sept.  27,  1907    241 

which  it  met  that  test  than  of  its  broad  do 
main  and  wealth  of  resources.  It  sent  to  the 
Northern  Army  400,000  of  its  sons — one-fifth 
of  its  male  population.  In  every  part  of  this 
battlefield  will  be  found  the  records  of  New 
York  troops — records  of  fidelity  and  honorable 
achievement.  On  this  spot,  at  a  critical  mo 
ment,  when  darkness  added  to  the  terror  of 
sudden  attack  by  superior  numbers,  our  New 
York  boys  of  Greene's  Brigade  held  firm  and 
by  heroic  defence  protected  the  safety  of  the 
Army.  To  their  sagacious,  alert,  and  coura 
geous  General,  we,  the  sons  of  the  Empire 
State,  erect  this  monument,  expressive  of  our 
love,  our  pride,  our  lasting  obligation. 

The  generation  which  fought  here  has  al 
most  passed  away.  The  distinguished  leaders 
still  with  us,  and  in  whose  presence  we  rejoice 
to-day,  recall  to  us  the  more  vividly  the  many 
who  have  departed.  Their  sacrifices  were  not 
in  vain.  The  same  National  character  which 
accounted  for  the  fierceness  of  that  strife  in 
whose  devouring  flames  were  displayed  the 
indestructible  riches  of  moral  strength,  is  ours 
to-day.  The  same  patriotic  ardor  fills  the 
breasts  of  American  youth  as  when  they 
rushed  from  field  and  factory  and  college  in 
obedience  to  their  country's  summons.  The 

16 


242  Charles  Evans  Hughes 

wives  and  mothers  of  America  are  as  loving, 
as  devoted,  as  ready  to  sacrifice  and  to  suffer 
as  were  those  of  forty  odd  years  ago.  The 
men  of  the  United  States  are  as  quick  to  re 
spond  to  the  call  of  duty,  as  keen,  as  resource 
ful,  as  valiant  as  those  of  our  heroic  past. 
They  are  blessed  with  the  memory  of  your 
labors ;  they  are  enriched  with  the  lessons  of 
your  zeal ;  they  are  inspired  by  the  example 
of  your  patriotism. 

We  are  engrossed  in  the  pursuits  of  peace. 
Mind  and  nerve  are  strained  to  the  utmost  in 
the  varied  activities  which  promise  opportunity 
for  individual  achievement.  But  the  American 
heart  thrills  at  the  sight  of  the  flag,  the  Ameri 
can  conscience  points  unwaveringly  to  the  path 
of  honor,  the  American  sense  of  justice  was 
never  more  supreme  in  its  sway,  and  united  by 
a  common  appreciation  of  the  ideals  of  a  free 
government,  by  a  common  perception  of  our 
National  destiny,  by  a  common  recognition  of 
the  riches  of  our  inheritance,  the  American 
people  should,  and  we  believe  will,  go  steadily 
forward,  a  happy,  resourceful,  and  triumphant 
people,  enjoying  in  ever  greater  degree  the 
blessings  of  liberty  and  union. 


XI. 

Speech  at  the  Jamestown  Exposition  on 
New  York  Day,  October  10,  1907. 

New  York  gratefully  accepts  the  invitation 
of  Virginia  to  join  in  this  feast  of  origins. 
We  turn  from  our  eager  searching  of  the 
future  to  gather  confidence  and  to  learn  wis 
dom  from  the  record  of  the  past,  and  once 
more  we  scan  the  ever  fascinating  pages  of 
the  wonder-book  of  American  history.  In 
contrast  to  an  old  world  ravaged  by  greed  and 
unprincipled  ambition,  where  for  centuries  the 
toil  and  blood  of  the  people  had  been  given  to 
the  service  of  privilege  and  of  the  rivalries  of 
despotic  rulers,  lay  this  broad  land  of  match 
less  resources,  enshrouded  by  its  vast  and 
silent  forests,  awaiting  the  fulness  of  time 
when  it  should  become  the  domain  of  a  Nation 
dedicated  to  freedom,  and  the  scene  of  the 
greatest  triumphs  of  humanity. 

Widely  separated,  distinct  in  purpose,  vary 
ing  markedly  in  the  character  and  equipment 
of  the  settlers  were  the  first  efforts  at  coloniza- 

243 


244  Charles  Evans  Hughes 

tion.  How  apparently  unrelated  were  the 
entrance  of  the  little  company  of  Englishmen 
between  the  Capes  in  1607,  the  voyage  of 
Henry  Hudson  up  the  river  which  bears  his 
name  in  1609,  and,  a  few  years  later,  the 
landing  of  the  Pilgrims  on  the  northeastern 
coast.  We  marvel  that  these  feeble  and  ap 
parently  insignificant  efforts  should  have  re 
sulted  in  flourishing  colonies ;  that  these 
colonies  with  forms  of  organization  originally 
so  diverse,  with  interests  distinct  and  often  in 
conflict,  jealous  of  each  other  and  widely  scat 
tered,  should  have  ever  become  confederated 
Commonwealths  and  able  to  oppose  a  united 
front  to  tyranny  ;  that  these  Commonwealths, 
drawn  together  for  one  supreme  struggle  and 
then  relapsing  into  bitter  disagreement,  should 
have  found  it  possible  at  a  time  of  disorder  bor 
dering  upon  anarchy  to  have  formed  a  Nation  ; 
and  that  the  Nation  so  formed  and  so  com 
posed  should  have  been  able  to  resist  all  tend 
encies  to  disintegration,  and  should  now  present 
to  the  world  the  spectacle  of  a  people  firmly 
bound  by  mutual  interest  and  affection  and 
welded  together  in  an  indestructible  Union. 

With  the  advantage  of  a  truer  perspective 
we  see  the  irresistible  progress  of  the  senti 
ment  of  unity  until  to-day  the  National  con- 


Jamestown  Exposition,  1907       245 

sciousness  is  dominant  from  the  Atlantic  to 
the  Pacific,  and  from  the  Lakes  to  the  Gulf. 
With  the  rapid  extension  of  commerce  and 
facility  of  communication,  aided  by  the  mo 
bility  of  our  population,  the  interests  that  we 
have  in  common  have  exceeded  in  ever  greater 
degree  those  which  are  separate  and  distinct. 
And  the  people  of  all  parts  of  the  Union 
come  to  the  scene  of  this  early  English  settle 
ment  not  as  visitors  to  a  strange  Common 
wealth  but  as  fellow  citizens  of  their  brothers 
in  Virginia.  They  feel  by  virtue  of  their 
National  relationship  a  direct  interest  in  the 
events  which  led  to  the  settlement  of  the  Old 
Dominion,  and  rejoice  in  their  inheritance  of 
the  benefits  of  the  services  which  Washington 
and  Jefferson,  Madison  and  Marshall  gave  to 
our  common  country. 

While  this  is  so,  it  is  fortunate  that  we 
retain  a  just  pride  in  the  history,  achieve 
ments,  and  prosperity  of  our  respective  States. 
It  is  well  that  this  should  be  fostered,  for  upon 
this  sentiment  to  a  large  degree  will  depend 
the  efficiency  of  State  administration.  As  the 
range  of  community  of  interest  widens,  it  is 
inevitable  that  the  burden  of  National  adminis 
tration  should  increase  and  that  the  cares 
necessarily  committed  to  the  National  Govern- 


246  Charles  Evans  Hughes 


ment  should  multiply.  But  we  cannot  expect 
to  have  that  competent  and  vigorous  adminis 
tration  in  National  concerns  which  is  essential 
to  our  continued  peace  and  prosperity  if  our 
citizenship  is  indifferent  to  the  problems  of 
administration  which  confront  them  in  their 
several  communities.  State  and  National 
citizenship  reside  in  the  same  persons,  and  they 
cannot  be  effective  as  sources  of  National  power 
and  at  the  same  time  be  lax  or  corrupt  in  local 
administration.  Fortunate  it  is  that  we  are 
not  compelled  to  create  arbitrary  divisions  for 
the  purpose  of  appropriate  local  government, 
but  that  we  have  autonomous  communities 
which  have  been  developed  naturally,  and  the 
citizens  of  which  enjoy  the  advantages  of  his 
torical  and  sentimental  associations.  In  State 
interest  and  State  pride  we  find  the  hope  of 
the  proper  conduct  on  the  affairs  appropriate 
to  the  States,  and  in  the  development  of  the 
sense  of  civic  obligation  which  demands  good 
local  government  we  shall  make  sure  of  that 
quality  of  citizenship  which  will  secure  the  inter 
ests  of  National  administration  and  National 
progress. 

I  am  proud  to  be  a  citizen  of  New  York 
and  I  rejoice  in  its  wealth  and  its  resources, 
material  and  moral.  I  shall  not  attempt  an 


Jamestown  Exposition,  1907       247 

inventory  of  its  possessions,  nor  shall  I  re 
count  to  you  the  munificence  of  its  provisions 
for  education,  the  extent  of  its  charitable 
foundations,  the  wide  scope  of  its  large  public 
undertakings.  With  these  you  are  familiar. 
And  at  the  mention  of  the  State  of  New  York 
you,  the  sons  of  that  State,  gathered  here  in  its 
honor,  at  once  have  presented  to  your  minds 
an  imposing  Commonwealth  comprising  one- 
tenth  of  the  population  of  the  United  States, 
justly  termed  by  reason  of  its  riches  and  its 
power,  the  "  Empire  State." 

It  has  been  my  good  fortune  to  become 
closely  acquainted  with  its  citizenship  and  to 
attest  the  high  standards  and  noble  qualities 
of  its  people.  To  every  line  of  activity  it  has 
contributed  leaders  of  thought  and  action ;  its 
citizens  are  alert  and  energetic;  and  in  no 
community  in  the  land  may  be  found  a  higher 
level  of  civilization,  more  moral  power,  more 
strength  of  character,  more  happiness  and 
prosperity. 

But  it  is  a  world  in  itself.  It  presents  the 
most  complex  problems  of  our  modern  times. 
It  exhibits  striking  contrasts.  It  has  the 
greatest  wealth  and  the  most  abject  poverty. 
Side  by  side  with  thrift  and  education  and 
virtue  may  be  found  the  depths  of  squalor, 


248  Charles  Evans  Hughes 

ignorance,  and  vice.  While  in  rural  communi 
ties  and  small  cities  may  be  found  American 
life  at  its  best,  in  the  congested  quarters  of  the 
great  metropolis  humanity  huddles  in  poverty, 
distress,  and  shame.  Government,  State  and 
municipal,  is  put  to  the  severest  tests.  And  to 
the  thoughtful  mind  the  emotions  of  just  pride 
and  the  thrill  of  pleasure  at  our  material  and 
moral  advances  must  stimulate  the  sense  of 
obligation  and  of  the  most  serious  responsi 
bility.  It  is  in  New  York,  where  in  so  large  a 
degree  is  found  the  clearing-house  of  the  Na 
tion's  commerce  and  where  riches  have  been 
accumulated  beyond  the  dreams  of  a  genera 
tion  past,  that  we  must  devote  ourselves  most 
sedulously  to  the  realization  of  the  ideals  of 
democracy,  and  set  ourselves  most  determinedly 
to  overcome  the  subtle  temptations  and  nar 
rowing  influences  of  prosperity. 

First  of  all,  we  must  overcome  the  tempta 
tion  to  indifference  as  to  the  condition  and 
standards  of  our  less  favored  brothers  in  the 
community.  The  fool  who  said  that  his  barns 
were  full  and  that  he  might  take  his  ease  has 
his  counterpart  in  those  who  through  material 
success  would  erect  little  citadels  of  indepen 
dent  strength  where  they  may  entrench  them 
selves  in  calm  indifference  to  the  needs  of  their 


Jamestown  Exposition,  1907       249 

less  fortunate  brethren.  In  this  country  no 
one  is  independent  of  his  fellows  and  the 
security  of  every  man  must  ultimately  depend 
on  the  opportunities  and  well-being  of  others. 
Intelligent  and  sympathetic  consideration  of 
conditions  in  our  great  cities  is  the  duty  of 
every  good  citizen.  The  condition  of  those 
who  enter  our  State,  forming  virtually  foreign 
communities  in  our  cities,  is  a  problem  to  which 
as  citizens  of  the  State  we  must  give  heed. 
We  must  endeavor  to  determine  what  can  be 
done  to  improve  standards  of  living,  to  protect 
these  newcomers,  largely  helpless,  from  being 
victimized,  to  acquaint  them  as  rapidly  as  pos 
sible  with  the  meaning  of  American  institutions, 
to  utilize  their  economic  value,  to  protect  the 
State  by  promoting  the  diffusion  of  the  Am 
erican  spirit  and  reverence  for  law  and  order 
through  fair  and  impartial  administration. 

We  rejoice  in  the  numerous  efforts  of  philan 
thropy,  in  the  large  contributions  that  are  made 
in  personal  service ;  but  what  has  been  done 
and  is  being  done  covers  but  a  small  fraction 
of  the  need.  We  must  have  a  quickening  of 
the  sense  of  obligation  and  a  keener  recognition 
of  the  fact  that  Union  is  more  than  a  name, 
that  it  is  not  a  union  of  theoretical  entities,  but 
a  union  of  human  beings, — a  union  of  lives, — 


250  Charles  Evans  Hughes 

that  for  better  or  worse  we  are  bound  together 
by  indissoluble  bonds  and  that  indifference  to 
the  condition  of  our  fellow  man  is  indifference 
to  the  safety  of  the  State. 

As  prosperity  increases  we  must  be  the 
more  zealous  to  maintain  our  early  ideals  of 
work  and  of  service.  It  is  of  the  essence  of 
democracy  that  a  man  should  have  oppor 
tunity  for  the  exercise  of  his  talent, — that  he 
should  have  a  fair  opportunity  to  display  his 
ability  and  to  win  the  just  rewards  of  his 
efforts, — that  he  should  be  secure  in  the  re 
sults  of  his  labors,  won  almost  invariably 
through  sacrifice  and  self-denial. 

It  is  also  of  the  essence  of  democracy  that 
no  man  should  construe  his  opportunity  to 
mean  license  to  exploit  his  fellow  men  and 
unjustly  profit  himself  at  the  expense  of  their 
equal  chance.  It  is  of  the  essence  of  democ 
racy  that  community  rights  should  be  safe 
guarded  and  that  to  which  the  public  is 
entitled  should  be  rigorously  compelled.  The 
ambition  which  knows  no  law  but  that  of 
selfish  achievement  must  be  bound  by  the 
inexorable  demands  of  public  service  and 
the  limits  necessarily  imposed  for  the  equal 
protection  of  all  citizens. 

He  most  surely  attains  the  highest  success 


Jamestown  Exposition,  1907       251 

and  the  greatest  happiness  who  in  the  zealous 
exercise  of  his  talents  finds  the  path  of  service, 
and  whose  achievements  are  a  benediction  to 
mankind. 

But  what  is  most  needed,  in  a  particular 
sense  in  the  interest  of  good  administration  of 
government  and  of  the  welfare  of  the  com 
munity,  is  a  stricter  insistence  upon  fiduciary 
responsibility.  This  can  be  obtained  in  part 
by  the  enforcement  of  law  and  in  part  must 
be  gained  through  public  sentiment  and  the 
cultivation  of  higher  standards  of  conduct. 
It  is  an  extraordinary  perversion  to  suppose 
that  the  owner  of  fifty-one  per  cent,  of  the 
capital  stock  of  a  corporation  is  free  to  wreak 
his  pleasure  in  its  management.  The  officer 
or  director  occupies  a  position  of  trust  not  for 
the  majority,  but  for  the  entire  body  of  stock 
holders.  And  while  he  may  execute  the  policy 
which  the  majority  desire,  it  must  be  a  policy 
consistent  with  good  faith  and  fair  dealing 
with  all.  Nothing  is  more  reprehensible  than 
the  abuse  of  power  on  the  part  of  those  who 
act  in  a  representative  capacity. 

The  test  of  character  may  be  found  in  the 
faithful  discharge  of  trust  where  it  may  be 
abused  in  secret  and  with  seeming  impunity. 
Every  man  has  his  sphere  of  fiduciary  obliga- 


252  Charles  Evans  Hughes 

tion.  I  speak  of  it  not  in  the  narrow  sense 
in  which  the  term  is  employed  in  courts  of 
law,  but  in  the  broader  sense  recognized  by 
every  man  of  self-respect.  The  lawyer  owes 
it  to  his  profession  to  maintain  the  dignity 
of  independence,  and  is  false  to  the  trust 
conferred  upon  him  when  he  is  admitted  to 
practice  as  an  officer  of  justice,  if  he  permits 
himself  to  become  the  tool  of  unprincipled 
manipulators.  The  editor  shamelessly  ignores 
his  obligation  when  he  hides  or  distorts  the 
facts  or  uses  his  columns  to  pervert  the  public 
judgment. 

Of  highest  importance  is  the  sentiment  of 
honor  and  the  sense  of  fiduciary  obligation 
in  connection  with  public  service.  The  people 
will  tolerate  no  cynicism  here.  Parties  may 
dispute  as  they  will  over  principles  and  poli 
cies,  but  there  can  be  no  dispute  with  refer 
ence  to  the  demand  that  public  privileges 
shall  be  granted  only  in  the  public  interest, 
and  that  public  officers  shall  regard  only 
the  public  interest  in  the  administration  of 
government. 

The  cry  "Every  man  for  himself"  is  out 
of  date.  The  demand  of  the  future  will  be 
"  Every  man  for  the  people."  No  one  can  be 
permitted  to  put  private  interest  above  the 


Jamestown  Exposition,  1907       253 

public  advantage.  And  thus  in  recognizing 
the  necessity  of  giving  fair  opportunity  for 
individual  success,  of  protecting  thrift  and  the 
rewards  of  industry,  and  at  the  same  time  in 
insisting  upon  fidelity  to  trust,  upon  the  rights 
of  the  community  and  upon  the  supremacy 
of  law  representing  the  will  of  the  people,  in 
endeavoring  to  call  the  most  efficient  to  the 
service  of  the  State,  and  in  discharging  the 
duties  of  public  office  with  sole  regard  to  pub 
lic  interests,  shall  we  diffuse  the  blessings  of 
prosperity,  making  it  servant  to  the  happiness 
of  all. 

We  in  New  York  should  rejoice  in  the  op 
portunity  which  is  afforded  us  by  the  very 
difficulty  of  the  problems  with  which  we  are 
confronted.  In  tracing  the  history  of  the  past 
we  find  abundant  reason  for  encouragement. 
The  capacity  of  American  manhood  in  each 
generation  to  deal  successfully  with  the  con 
spicuous  evils  of  its  day  has  been  abundantly 
demonstrated. 

We  are  far  better  off  in  the  Empire  State 
than  we  have  ever  been  before.  A  resistless 
force  of  public  opinion  is  directed  against  well- 
nigh  every  abuse.  There  is  not  a  New 
Yorker  here  who  from  his  own  experience 
cannot  recount  the  tale  of  progress.  We  are 


254  Charles  Evans  Hughes 

a  well-disposed  and  a  genial  people.  We 
are  not  given  over  to  bitterness  or  censorious- 
ness.  Scurrilous  denunciation  has  but  a  limi 
ted  vogue.  In  every  department  of  official 
life  there  are  men  endeavoring  to  serve  the 
State  to  the  best  of  their  ability,  and  the  peo 
ple  are  ready  to  give  credit  to  faithful  service. 
But  they  are  also  intolerant  of  faithlessness. 
Throughout  the  State  are  manifold  evidences 
of  determination  that  the  just  rights  of  prop 
erty  shall  be  protected,  that  the  public  rights 
shall  be  conserved,  and  that  those  who  repre 
sent  the  people  shall  be  held  strictly  to  ac 
count  for  the  manner  in  which  they  discharge 
their  trusts. 

The  State  of  New  York  is  equal  to  its  task. 
It  daily  gathers  strength  from  all  the  Union. 
In  its  success  all  the  States  may  justly  claim  a 
share.  Steadily  it  gains  in  population,  in 
wealth,  in  the  diffusion  of  happiness,  and, 
attaining  and  still  seeking  to  attain,  aiming 
always  at  higher  levels  of  achievement,  its 
watchword  will  ever  be  "  Excelsior." 


XII. 

Address  at  the  Dedication  of  the  Monu 
ment  to  General  Franz  Sigel,  New 
York  City,  October  19,  1907. 

It  is  our  privilege  to  assemble  here  in  honor 
of  a  brave  soldier  who  rendered  distinguished 
service  to  his  adopted  country.  In  the  dedica 
tion  of  this  monument  we  pay  a  fitting  tribute 
to  his  memory.  But  it  is  more  than  a  memo 
rial  to  courage  or  to  military  skill  ;  it  is  more 
than  a  tribute  to  individual  worth.  It  speaks 
not  simply  of  the  service  of  the  accomplished 
officer  whose  name  it  bears,  but  is  eloquent  of 
the  patriotic  ardor  which  has  characterized  the 
sons  of  the  Fatherland  he  so  worthily  repre 
sented,  and  of  their  important  contribution  to 
our  National  life. 

General  Franz  Sigel  was  born  in  Baden  in 
1824;  he  received  his  military  education  at 
Carlsruhe  and  served  with  distinction  in  the 
Revolution  in  1849.  Leaving  the  land  which 
he  loved  and  for  whose  liberties  he  had  fought, 
he  came,  an  exile,  to  this  country,  and  after  a 

255 


256  Charles  Evans  Hughes 

few  years  settled  in  Missouri.  We  should  en 
tirely  miss  the  significance  of  this  occasion  if 
we  did  not  emphasize  the  spirit  which  ani 
mated  this  newcomer  on  American  soil.  He 
came  defeated  but  not  disheartened ;  he  was 
torn  away  from  the  fond  associations  of  his 
youth,  but  he  was  not  cynical  or  morose ;  he 
did  not  give  himself  over  to  discontent,  nor 
was  his  vitality  sapped  by  vain  regrets  ;  he 
came  true  to  the  cause  of  liberty,  with  gener 
ous  heart,  with  vigor  and  zeal  to  give  the  best 
he  could  bestow  to  the  country  which  hence 
forth,  by  virtue  of  his  manhood's  choice,  was 
to  be  not  a  mere  asylum,  but  a  home.  And  at 
the  outbreak  of  the  Civil  War,  with  no  less 
zeal  for  his  adopted  land  than  he  had  shown 
on  his  native  soil,  he  offered  his  services  to 
the  National  cause,  and  in  large  degree  through 
his  vigor  and  efficiency  Missouri  was  saved  to 
the  Union. 

It  is  not  my  purpose  to  tell  the  story  of  his 
career,  which  may  more  fittingly  be  narrated 
by  him  who  is  about  to  address  you.  His 
military  service  was  extensive  and  distin 
guished.  He  took  part  in  many  important 
engagements,  and  his  courage,  his  military 
ability,  and  the  value  of  his  services  to  the 
Union  cause  not  only  won  distinction  in  the 


General  Franz  Sigel,  1907        257 

Army  but  have  made  his  fame  secure.  Gladly 
we  recognize  his  service,  and  by  this  just 
tribute  we  memorialize  the  kindliness,  the 
courage,  and  the  patriotism  of  a  gallant  com 
mander. 

It  is  gratifying  that  the  passing  of  the  years 
has  not  lessened  our  appreciation  of  the  heroic 
service  which  preserved  our  National  unity. 
The  generation  which  since  the  Civil  War  has 
come  upon  the  scene  studies  the  history  of 
that  terrific  conflict  without  bitterness,  but 
with  no  lack  of  reverence  for  those  to  whose 
self-denying  service  we  owe  the  blessing  of  our 
vigorous  National  life.  The  memory  of  the 
founders  and  of  the  saviors  of  the  Republic 
will  never  fade.  As  time  heals  the  wounds  of 
strife,  and  as  with  the  extension  of  our  activi 
ties  all  parts  of  our  land  are  more  closely  knit 
together,  we  rejoice,  in  North  and  South  alike, 
with  a  common  pride  of  country  in  the  splendid 
qualities  of  manhood  which  on  both  sides  of 
that  struggle  were  so  lavishly  displayed.  The 
beneficent  influence  of  the  heroic  and  sacrific 
ing  spirit  permeates  the  Nation  and  is  not 
limited  by  sectional  lines. 

Fortunate  also  is  it  that  we  are  becoming 
more  and  more  free  from  racial  and  provincial 
prejudices,  and  are  able  to  make  a  truer  esti- 


258  Charles  Evans  Hughes 

mate  of  the  many  sources  from  which  we  have 
derived  our  National  strength  and  the  virtues 
of  our  citizenship.  It  is  a  pleasant  thought, 
which  frequently  has  been  expressed,  that 
the  ancestors  of  most  of  those  who  settled  the 
country  in  Colonial  days  once  lived  in  the 
German  forests ;  and  we  witness  here  on  a 
large  scale,  and  after  centuries  of  varied  ex 
perience,  what  is  virtually  a  reuniting  of  the 
descendants  of  a  common  stock.  But  how 
ever  pleasing  this  may  be  to  the  historical 
imagination,  our  unity  in  fact  is  not  racial  and 
does  not  depend  upon  blood  relationship, 
whether  near  or  remote.  It  is  the  unity  of  a 
common  National  ideal ;  it  is  the  unity  of  a 
common  conception  of  the  dignity  of  manhood  ; 
it  is  the  unity  of  a  common  recognition  of  equal 
civil  rights  ;  it  is  unity  in  devotion  to  liberty 
expressed  in  institutions  designed  to  give 
every  man  a  fair  opportunity  for  the  exercise 
of  his  talents  and  to  make  the  activities  of 
each  subordinate  to  the  welfare  of  all.  To 
the  maintenance  of  this  ideal  and  to  the  ful 
filment  of  the  purposes  of  our  National  organ 
ization,  each  race  has  made  its  contribution. 
And  we  are  not  truly  Americans  if  we  do  not 
greatly  rejoice  in  the  fact  that  here  is  more 
than  the  work  of  any  one  people,  and  more 


General  Franz  Sigel,  1907        259 

than  the  product  of  any  one  experience ;  that 
to  the  making  and  to  the  prosperity  of  this  Com 
monwealth  humanity  has  given  of  its  best ; 
and  that  its  vigor  and  unprecedented  strength 
are  due  in  no  small  degree  to  the  fusion  of  its 
diverse  elements. 

There  is  recalled  to  us  to-day  the  notable 
influence  that  our  citizens  of  German  birth 
and  extraction  have  had  upon  our  growth 
and  development.  In  Colonial  times  there 
was  a  great  movement  of  German  immigra 
tion,  largely  from  the  lower  Palatinate,  which 
resulted  in  settlements  in  North  Carolina,  in 
Maryland,  in  Virginia,  in  Pennsylvania,  and  in 
New  York.  In  our  own  State  the  names  of 
Herkimer  and  Palatine  recall  this  early  move 
ment.  These  settlers  were  characterized  by 
industry,  piety,  and  thrift.  Zealous  were  they 
in  defence  of  the  commonwealths  to  which 
they  had  joined  their  fortunes.  Notable  was 
the  service  of  Germans  in  the  War  of  the 
Revolution.  The  names  of  Steuben,  Herki 
mer,  De  Kalb,  Von  Weissenfels,  bring  freshly 
to  our  minds  our  lasting  obligation  to  the  sons 
of  the  Fatherland  who  fought  valiantly  in  de 
fence  of  liberty.  Steuben's  regulations  long 
remained  the  manual  of  the  United  States 
Army  and  its  Militia.  De  Kalb  falling  at 


260  Charles  Evans  Hughes 

Camden  voiced  the  patriotic  sentiment  which 
dominated  the  service  of  these  German  pa 
triots.  Dying,  he  said  to  a  British  officer  :  "  I 
thank  you  for  your  generous  sympathy,  but 
I  die  the  death  of  a  soldier  fighting  for  the 
rights  of  man." 

After  the  Revolution  of  1848  there  was  a 
notable  influx  from  Germany  of  men  of  dis 
tinguished  talent  and  noble  character  whose 
lives  have  made  a  permanent  impression  upon 
the  Nation.  I  could  not  without  risk  of  unin 
tentional  omission,  which  might  be  construed 
as  showing  lack  of  appreciation,  attempt  to 
mention  all  whose  advent  at  this  time  enriched 
the  country.  But  I  may  refer  to  one,  the 
soldier  and  the  statesman,  the  journalist  and 
the  author,  ever  true  to  the  cause  which  he 
espoused  in  his  youth,  a  leader  whose  civic 
courage  never  failed  him,  and  who  through  a 
long  life  was  conspicuous  even  more  for  his 
purity  of  purpose  than  for  his  distinguished 
achievements,  whose  name  will  ever  be  hon 
ored  among  us — Carl  Schurz.  German  immi 
gration  during  the  middle  of  the  last  century 
spready  largely  through  the  Middle  West. 
Those  who  had  struggled  for  liberty  at  home 
gave  themselves  freely  to  the  service  of  the 
Nation.  Missouri,  Ohio,  Illinois,  Indiana, 


General  Franz  Sigel,  1907        261 

Wisconsin,  and  Kansas  have  special  reason 
to  be  proud  of  the  patriotism  of  their  German 
citizens.  Schurz,  Sigel,  Bohlen,  Hartranft, 
Koltes,  Wagner,  and  Korner  may  be  men 
tioned  as  among  those  whose  efforts  added 
honor  to  the  German  name. 

But  we  honor  to-day  not  merely  German  va 
lor,  but  the  spirit  which  made  that  valor  possi 
ble,  and  those  qualities  which  in  peace  as  well 
as  in  war  have  aided  in  the  development  of  our 
National  greatness.  In  education,  in  journal 
ism,  in  the  professions  of  medicine  and  law,  in 
trade  and  commerce,  in  every  department  of 
activity,  and  every  sphere  of  philanthropy,  our 
citizens  of  German  birth  or  descent  furnish 
constant  examples  of  notable  effort  and  of  the 
highest  achievement.  We  can  not  write  any 
chapter  of  the  history  of  American  endeavor 
without  doing  them  honor.  But  on  this 
occasion  when  we  are  gathered  to  set  apart  a 
memorial  of  a  soldier's  service,  I  would  empha 
size  our  appreciation  of  the  patriotism  of  our 
citizens  of  German  origin  and  their  unreserved 
devotion  to  our  National  ideals. 

This  is  our  common  country.  Whatever  the 
abode  of  our  ancestors,  this  is  our  home  and 
will  be  the  home  of  our  children,  and  in  our 
love  for  our  institutions,  and  in  our  desire  to 


262  Charles  Evans  Hughes 

maintain  the  standards  of  civic  conduct  which 
are  essential  to  their  perpetuity,  we  recognize 
no  difference  in  race  or  creed  —  we  stand 
united,  a  contented  people  rejoicing  in  the 
privileges  and  determined  to  meet  the  re 
sponsibilities  of  American  citizenship. 


XIII. 

Address  at  the  Charity  Organization  So 
ciety,  Carnegie  Hall,  New  York  City, 
November  19,  1907. 

It  is  a  great  pleasure  to  join  in  the  well- 
deserved  congratulations  that  are  appropriate 
to  this  occasion.  In  the  extraordinary  devel 
opment  of  our  country  during  the  past  twenty- 
five  years,  nothing  has  been  more  marked 
than  the  growth,  in  extent  and  intelligence, 
of  philanthropic  endeavor.  And  in  taking 
account  of  these  efforts  there  is  probably  no 
one  agency  to  which  higher  praise  should  be 
accorded  than  to  the  Charity  Organization 
Society. 

Its  ministry  of  relief  has  had  a  wide  scope. 
It  would  be  difficult  indeed  to  measure  the 
value  of  its  direct  beneficence.  Upon  a  large 
scale  it  has  been  a  distributor  of  alms.  In 
countless  cases  it  has  brought  succor  to  the 
distressed.  It  has  helped  men  to  help  them 
selves.  It  has  been  unremitting  in  its  work  of 

263 


264  Charles  Evans  Hughes 

investigating  cases  of  need  and  of  providing 
suitable  measures  of  relief. 

But  in  a  larger  view,  its  greater  service  has 
consisted  in  its  organization  of  effort  and  its 
employment  for  philanthropic  purposes  of  the 
scientific  method.  It  has  sought  to  minimize 
the  waste  incident  to  indiscriminate  alms 
giving,  and  to  correlate  the  forces  of  benevo 
lence  so  as  to  secure  the  maximum  results. 
How  much  good  purpose  fails  of  important 
result  through  lack  of  relation !  And  if  we 
are  to  accomplish  anything  of  permanent  value 
in  our  efforts  to  uplift  our  fellow  men  it  must 
be  wrought  through  such  organized,  system 
atic,  and  well-directed  effort  as  has  characterized 
this  Society. 

It  is  significant  that  this  anniversary  should 
be  made  the  occasion  of  a  conference  on  The 
Betterment  of  Living  Conditions.  This  im 
plies  no  departure  from  the  Society's  aim. 
We  have  too  long  dealt  with  effects,  leaving 
baleful  causes  to  operate  unchecked.  This 
Society  is  a  thorough  agent  of  democracy, 
seeking  not  merely  to  apply  balm  to  the 
bruises  of  life,  but  to  eliminate  the  causes  of 
unnecessary  injury. 

For  we  have  but  little  of  the  true  demo 
cratic  spirit  if  we  seek  merely  freedom  of 


Charity  Organization,  1907         265 

opportunity  that  we  may  aggrandize  ourselves, 
and  are  not  keenly  zealous  for  the  welfare  of 
all,  in  which  indeed  lies  the  true  interest  of 
each  one.  They  who  think  they  may  dwell 
secure  in  citadels  fortified  by  the  gains  of 
selfish  effort,  live  in  a  fool's  paradise.  Our 
ultimate  security  must  be  found  in  the  well- 
being  of  the  people  as  a  whole,  and  patriotic 
sentiment  will  not  tolerate  the  continuance 
of  unnecessary  and  remediable  conditions  to 
which  may  be  traced  poverty,  vice,  and  crime. 

We  can  not  but  realize  that  a  large  portion 
of  our  brethren  are  the  helpless  victims  of  an 
environment  from  which  they  cannot  escape, 
and  through  which  they  are  destined  to  physi 
cal  misery,  moral  impoverishment,  and  econo 
mic  inefficiency.  It  is  our  duty  patiently 
to  consider  what  can  be  done  not  merely  to 
afford  temporary  relief  to  immediate  sufferers, 
but  to  change  the  improper  environment  and 
promote  a  healthier  life. 

Nor  do  we  ask  for  the  impossible  or  cher 
ish  any  Utopian  dream  of  altering,  through 
changes  in  externals,  our  human  nature,  with 
its  mingled  elements  of  strength  and  weakness. 

We  desire  that  men  should  work  under 
conditions  which  will  permit  a  man  to  do  a 
normal  man's  work.  We  desire  the  abatement 


266  Charles  Evans  Hughes 

of  nuisances  and  such  housing  of  men,  women, 
and  children  that  they  may  live  in  decency 
and  with  proper  sanitary  safeguards  against 
the  spread  of  communicable  disease.  We  do 
not  wish  to  see  productive  energy  sapped  by 
excessive  toil  or  by  labor  under  improper  con 
ditions.  We  want  men  protected  from  avoid 
able  danger  to  life  and  limb,  and  to  see  a 
diminution  in  the  shocking  number  of  pre 
ventable  casualities  in  our  industrial  employ 
ments  which,  it  is  not  too  much  to  say,  in  the 
light  of  comparative  statistics,  constitute  a 
disgrace  to  the  country.  We  want  to  see  the 
lives  and  health  of  our  children  protected,  and 
by  suitable  restrictions  upon  child  labor  to 
prevent  vitality  from  being  weakened  dur 
ing  the  period  of  growth,  and  an  opportunity 
afforded  for  proper  education  and  prepara 
tion  for  the  work  of  life.  We  seek  the 
dissemination  of  information  with  regard 
to  the  practical  conduct  of  life,  so  as  to 
remove  the  ills  which  are  due  to  simple 
ignorance. 

We  wish  to  brighten  and  to  purify  the  social 
side  of  life,  to  provide  means  for  recreation, 
and  to  diffuse  the  opportunities  for  the  refresh 
ment  of  those  who  are  bearing  heavy  burdens 
of  daily  toil. 


Charity  Organization,  1907          267 

We  are  grateful  for  the  unexampled  oppor 
tunities  for  individual  achievement  which  our 
country  affords.  And  we  desire  to  remove 
the  obstacles  in  the  way  of  so  many  of  our 
fellow  citizens — for  which  they  are  in  no 
manner  responsible — to  the  enjoyment  of 
these  opportunities,  so  that  with  manhood  and 
womanhood  unimpaired  by  preventable  evils 
they  may  really  have  a  chance  to  make  the 
most  of  themselves. 

This — incompletely  stated  to  be  sure — is  the 
object  of  this  Society ;  and  standing  for  this,  it 
claims  the  gratitude  and  the  support  of  all  the 
people  of  the  State. 

This  organization  has  also  very  sharply 
drawn  the  line  between  what  government 
should  do  and  should  not  do  in  order  to  attain 
these  ends.  It  has  not  attempted  to  drag  the 
State  into  fanciful  schemes  for  the  abolish 
ment  of  poverty  by  act  of  the  Legislature;  nor 
has  it  been  guilty  of  providing  opportunities 
for  extravagance,  favoritism,  and  corruption 
through  governmental  almsgiving.  It  has 
created  machinery  for  organized  and  effective 
effort  through  private  agencies,  and  thus  les 
sened  the  appeals  to  the  State  for  the  exercise 
of  novel  functions.  And  on  the  other  hand 
it  has  been  a  potent  influence  in  securing 


268  Charles  Evans  Hughes 

governmental  action  where  such  action  was 
appropriate  and  necessary. 

It  has  opposed  the  municipal  distribution  of 
supplies.  The  Society  could  itself  far  better 
ascertain  the  wants  of  the  really  destitute  and 
supply  them  through  private  means.  It  could 
give  relief  where  relief  was  needed,  impartially 
and  without  pauperizing.  And  in  the  success 
of  its  endeavors  to  promote  and  systematize 
private  philanthropy,  we  find  it  clearly  indicat 
ing  the  wide  scope  of  the  work  which  is  and 
should  be  undertaken  by  our  citizens  without 
recourse  to  the  government. 

What  the  State  can  properly  do,  and  has 
done,  is  shown  in  the  Tenement  House  Law, 
the  passage  of  which  was  the  result  of  the  active 
work  of  this  organization.  I  am  informed  that 
decent  and  reasonably  comfortable  homes,  with 
proper  light  and  ventilation,  have  been  secured, 
under  the  working  of  this  law,  for  one  million 
people.  The  activity  of  the  State  may  also  be 
illustrated  in  the  beneficent  work  of  the  Labor 
Department,  and  in  the  provisions  which  have 
been  enacted  for  the  purpose  of  securing  safe  and 
decent  places  of  work,  protection  from  injury, 
and  restricting  child  labor  and  hours  of  labor. 
The  agency  of  the  municipality  is  most  import 
ant  in  providing  clean  and  well-paved  streets, 


Charity  Organization,  1907         269 

public  baths,  suitable  parks  and  play-grounds, 
attractive  open  spaces  and  recreation  piers. 
These  in  turn  are  supplemented  by  the  un 
ceasing  work  of  a  large  number  of  our  public- 
spirited  citizens,  who  are  seeking,  through  the 
touch  of  human  sympathy  and  the  provision 
of  educational  and  sociable  centres  of  influence, 
to  improve  the  conditions  of  life. 

The  proper  regulation  and  control  of  public 
service  and  the  provision  so  far  as  possible  of 
additional  transit  facilities  are  of  the  greatest 
importance  in  order  to  relieve  congestion  and 
to  permit  men  and  women  to  go  to  and  from 
their  work  in  decency  and  with  reasonable 
comfort  and  convenience. 

This  Society  has  engaged  in  patient  investi 
gation.  It  believes  that  want  and  misery  may 
not  only  be  alleviated  in  individual  cases,  but 
that  their  causes  may  be  diminished.  As  it 
proceeds  in  the  research  it  will  point  out  where 
the  State  has  failed  to  perform  its  duty,  and  in 
its  intelligent  and  careful  way  will  not  fail  to 
be  an  important  factor  in  securing  necessary 
governmental  action.  Where  organized  pri 
vate  effort  can  meet  the  case,  it  will  endeavor  to 
supply  it.  Of  special  importance  is  its  work 
in  disseminating  information  and  practical  in 
struction.  Its  work  in  combating  the  great 


270  Charles  Evans  Hughes 

plague  of  tuberculosis  has  been  most  note 
worthy.  Through  cards,  circulars,  and  lectures 
it  is  diffusing  the  knowledge  of  preventive 
measures.  But  with  respect  to  this  much  re 
mains  to  be  done  ;  and  it  is  gratifying  to  note 
that  the  people  are  awakening  to  an  apprecia 
tion  of  the  extent  of  this  dreadful  scourge  and 
of  the  importance  of  systematic  action  with 
reference  to  it. 

I  was  informed  the  other  day  that  perhaps 
thirty  per  cent,  of  the  cases  of  blindness  in 
this  State  are  preventable  by  the  use  of  simple 
and  harmless  means ;  and  by  the  spread  of 
necessary  information  and  the  insistence  upon 
proper  regulations  we  should  greatly  diminish 
the  numbers  of  this  unfortunate  class. 

I  have  no  illusions  with  reference  to  the 
future.  Laziness,  thriftlessness,  evil  passions, 
and  inordinate  appetite  will  continue  to  wreck 
human  lives.  But  we  can  replace  ignorance 
with  knowledge  ;  we  can  give  access  to  air  and 
light ;  we  can  build  barriers  against  infection  ; 
we  can  keep  our  city  clean,  wholesome,  and 
attractive ;  we  can  see  to  it  that  human  beings 
may  labor  under  decent  conditions  with  proper 
consideration  for  life  and  health  and  efficiency ; 
and  we  can  make  our  work  for  social  uplifting 
fruitful  and  progressive,  because  each  step  will 


Charity  Organization,  1907         271 

be  taken  with  accurate  knowledge  based  on 
careful  investigation,  and  through  harmony  of 
effort  there  will  be  a  minimum  of  losses. 

But  it  is  of  the  highest  importance  that  in 
this  work  of  scientific  philanthropy  our  hearts 
should  be  enlisted.  The  forces  of  sentiment 
should  not  be  exhausted  in  the  creation  of 
machinery.  After  all,  the  most  powerful  re 
generating  influence  is  human  love,  and  to 
attain  the  highest  success  all  our  efforts  must 
be  charged  with  genuine  sympathy  and  broth 
erly  kindness.  It  will  be  a  sad  day  when,  to 
prevent  the  waste  of  indiscriminate  charity, 
the  fountains  of  human  generosity  are  dried 
up  and  our  philanthropy  shall  consist  simply 
of  gifts  inspired  by  intellectual  considerations. 
Nor  should  any  contemplate  the  poor  as  a 
separate  class,  upon  whom  alms  may  be  be 
stowed  with  lordly  condescension  and  with  the 
unction  of  self-righteousness.  Rather,  in  all 
our  organizing  work,  must  we  have  not  only 
discriminating  judgment  and  careful  study  of 
complex  problems,  but  also  true  democratic 
fellow-feeling  and  hearts  full  of  love  for  those 
whom  we  desire  to  help  in  the  best  way,  even  as 
they  are  in  truth  our  brothers,  of  like  passions 
with  ourselves,  and  our  fellow  citizens  in  this  Re 
public  of  opportunity  and  mutual  obligation. 


XIV. 

Speech  at  the  Opening  of  the  Civic  Forum 
at  Carnegie  Hall,  New  York  City, 
November  20,  1907. 

We  have  gathered  here  to  install  a  new 
station  for  the  distribution  of  currents  of  in 
fluential  opinion.  If  we  were  to  ask  what  is 
most  needed  to  attain  the  ideals  of  democ 
racy, — apart  from  those  moral  virtues  which 
must  condition  all  else, — we  probably  should 
desire  for  its  citizens  the  highest  capacity  for 
accurate  judgment  and  the  freest  opportunity 
for  the  discussion  of  public  questions.  For  the 
former  we  look  to  education,  not  forgetting 
the  great  school  of  experience  to  whose  dis 
cipline  and  variety  of  instruction  in  this  land  of 
opportunity  we  owe  perhaps  in  largest  degree 
what  is  called  the  common  sense  of  the  Ameri 
can  people.  For  the  discussion  of  public  ques 
tions  we  rely  chiefly  upon  the  press  and  the 
platform. 

It  is  unfortunate,  however,  that  public  discus 
sion  is  so  frequently  perverted  by  self-interest, 

272 


Civic  Forum,  Nov.  20,  1907      273 

by  the  temptations  of  popular  agitation,  and  by 
the  exigencies  of  heated  political  campaigns. 
It  is  a  delightful  thing  to  give  truth  the  chance 
to  emerge  in  sober  discussion  where  only  truth 
is  sought.  The  American  people  are  poorly 
represented  by  large  type  and  flaming  head 
lines.  Their  mood  is  not  reflected  by  the 
shrieking  appeals  of  orators  upon  the  hustings. 
In  the  main  they  are  a  thoughtful  and  canny 
people,  truth-loving  and  desirous  to  get  at  the 
heart  of  things.  Appeals  to  reason  are  more 
cogent  than  many  think,  and  nothing  is  more 
encouraging  than  the  indications  everywhere 
of  an  intense  desire  to  secure  accurate  informa 
tion  and  to  form  correct  opinions.  It  is  sig 
nificant  that  conferences  for  the  interchange 
of  opinion  and  the  debate  of  public  questions 
are  constantly  multiplying  ;  and  I  congratulate 
this  city  upon  the  opportunities  which  will 
be  afforded  by  the  new  lyceum  which  is  now 
opened. 

It  has  been  suggested  that  in  these  few 
introductory  remarks — which  will  be  far  from 
disputatious,  for  the  principles  in  the  applica 
tion  of  which  I  am  most  interested  are  so 
simple  and  obvious  that  they  admit  of  no  dis 
pute — I  should  say  something  regarding  the 
idea  of  public  office. 

18 


274  Charles  Evans  Hughes 

Matthew  Arnold  tells  us  that  conduct  is 
three-fourths  of  life.  Certainly  the  administra 
tion  of  office  is  at  least  three-fourths  of  political 
life.  And  if  we  could  secure  the  administration 
of  every  office  in  accordance  with  its  obliga 
tions  and  in  adequate  fulfilment  of  the  fair 
intent  of  the  Constitution  and  statutes  creating 
it,  we  should  find  almost  all  our  problems 
solved.  That  which  is  right  in  our  system  of 
government  would  appear  revealed  in  the 
beauty  of  perfect  adaptation,  leaving  no  ex 
cuse  for  the  use  of  legislative  drugs  to  cure 
defects  caused  by  lack  of  administrative  exer 
cise,  and  on  the  other  hand  such  imperfec 
tions  as  existed  would  stand  out  in  such  bold 
relief  as  to  leave  little  room  for  doubt  as  to 
the  necessary  remedy. 

But  it  is  to  be  expected  that  the  frailties  of 
human  nature  should  be  exhibited  not  less  but 
rather  more  in  our  political  relations — in  view 
of  the  many  temptations  to  which  they  give 
rise — than  in  other  activities  in  which  they  are 
made  so  familiar.  We  are  only  men,  and 
nothing  human  is  alien  to  the  public  officer. 
He  may  be  somewhat  steadied  by  responsi 
bility  and  safeguarded  by  precedent ;  he  may 
be  to  some  extent  sanctified  by  some  worthy 
tradition  or  inspired  by  some  noble  example. 


Civic  Forum,  Nov.  20,  1907      275 

But  in  general  the  administration  of  office  will 
reflect  the  average  virtues  and  failings  of  the 
community. 

We  must,  therefore,  constantly  emphasize 
official  obligation  and  ever  hold  up  to  view 
the  true  democratic  ideal  of  office.  We  suffer 
to  no  slight  extent  from  the  survivals  of  no 
tions  of  office  which  are  entirely  foreign  to  our 
governmental  system.  For  example,  there  con 
tinually  persists  the  notion  of  power  drawn 
from  ancient  despotism  converting  in  a  small 
way,  and  as  opportunity  may  offer,  the  servants 
of  the  people  with  defined  duties  into  their 
would-be  masters  acting  with  arbitrary  dis 
regard  of  obligation.  More  common,  how 
ever,  is  the  feudal  notion  of  allegiance  to  some 
chance  lord  or  sub-lord  by  whose  grace  the 
office  is  believed,  and  frequently  truly  believed, 
to  be  held.  From  this  point  of  view  the  people 
are  recognized  only  to  the  extent  necessary  to 
capture  the  requisite  majority  of  votes.  But 
for  all  other  purposes  the  conduct  of  office  is 
determined  by  the  will  of  some  individual  or 
group  of  individuals  to  whom  the  incumbent 
owes  his  temporary  distinction. 

But  most  mischievous  of  all  perhaps  is  the 
idea  derived  from  the  American  love  of  achieve 
ment  and  individual  success.  It  is  so  commonly 


276  Charles  Evans  Hughes 

expected  that  every  opportunity  will  be  availed 
of  to  the  utmost  to  promote  the  success  of  the 
individual  who  has  the  opportunity.  It  is 
American  to  get  on  in  the  world  and  to  let 
no  chance  escape  ;  and  so  it  is  not  regarded  as 
a  matter  for  surprise  but  rather  the  action  is 
too  readily  condoned,  that  a  man  will  make 
use  of  office,  not  of  course  in  the  manner 
usually  called  corrupt  and  which  would  bring 
him  within  the  observations  of  the  penal  code, 
but  in  every  other  way  to  further  his  individual 
fortunes. 

Now,  against  the  notion  of  arbitrary  power, 
against  that  of  subservience  to  any  authority 
other  than  his  constituency,  against  every  use 
of  official  opportunity  for  personal  ends,  the 
American  people  must  set  the  democratic  ideal 
of  office,  and  for  their  own  protection  must 
hold  their  representatives  strictly  accountable 
for  every  departure  from  it.  The  democratic 
idea  of  office  is  that  it  is  a  place  of  designated 
service  ;  that  the  officer  is  not  chosen  to  give 
him  opportunity  for  personal  advantage,  but 
to  do  certain  things  defined  in  the  Constitution 
and  statutes  to  the  best  of  his  ability  because 
it  is  necessary  that  those  things  should  be  done 
and  well  done  for  the  benefit  of  the  people. 

In  connection  with  the  larger  part  of  ad- 


Civic  Forum,  Nov.  20,  1907      277 

ministrative  work  there  is  no  room  for  the 
controversies  of  political  platforms.  There 
are  simply  specified  tasks.  These  tasks 
may  be  created  and  defined  with  reference 
to  political  policy,  but  once  created  and 
defined  there  is  little  room  for  disagreement 
as  to  the  manner  in  which  they  should  be 
performed. 

We  shall  never  attain  the  full  measure  of 
our  opportunity  in  this  country  until  the  mean 
ing  of  trusteeship  sinks  deep  into  the  Ameri 
can  consciousness  and  its  realization  controls 
our  activities  both  in  business  and  in  political 
affairs.  It  must  seize  the  conscience  of  the 
directors  of  corporations,  working  conviction 
of  the  disgraceful  perfidy  of  abusing  their  op 
portunities  as  trustees  for  stockholders  in  order 
to  make  personal  fortunes.  Few  indeed  are 
they  who  in  any  large  enterprise  deal  ex 
clusively  with  their  own.  What  we  call  the 
"  world  of  modern  business  "  is  simply  a  gigan 
tic  series  of  sacred  fiduciary  obligations.  The 
lesson  of  to-day,  both  in  business  and  in  politics, 
is  the  lesson  of  fidelity  to  trust. 

No  system  of  government  is  complete  which 
does  not  provide  some  method  of  calling  public 
officers  to  account  for  the  manner  in  which 
they  discharge  their  duties.  Varied  provision 


278  Charles  Evans  Hughes 

is  made  for  this  purpose,  from  the  trial  of 
impeachments  to  summary  removal. 

Of  the  highest  importance  are  the  provisions 
for  enforcing  the  accountability  of  local  officers. 
The  greater  part  of  administration  is  local.  It 
is  that  which  most  closely  affects  our  immediate 
interests.  If  local  administration  in  our  various 
communities  is  pure  and  capable,  there  will  be 
no  difficulty  in  securing  the  proper  conduct  of 
higher  office,  for  vigilant  citizenship  begins  its 
work  at  home. 

The  local  officer  is  elected  by  the  majority 
of  the  local  community,  but  he  is  not  the  of 
ficer  of  that  majority.  He  owes  to  all  the 
citizens  faithful  service  according  to  his  duty. 
The  minority  cannot  quarrel  with  the  choice 
of  the  majority,  but  the  man  selected  by  the 
majority  must  do  his  duty.  The  majority 
have  no  right  to  keep  in  office  a  faithless 
official.  Governor  Tilden  stated  it  as  one  of 
the  essential  conditions  of  self-government : 

"  That  while  the  responsibility  of  public  officers  to  the 
voting  citizens  be  made  effective,  and  they  be  made 
amenable  to  the  taxpayers  of  the  locality  through  the 
courts,  accountability  to  the  State  be  preserved  through 
regular  methods,  so  that  the  existence  of  such  appeal  of 
the  minority  and  of  individuals  against  the  wrongs  of 
governing  officials  will  render  unnecessary  and  inex 
cusable  the  frequent  legislative  interventions  which  have 


Civic  Forum,  Nov.  20,  1907      279 

practically  destroyed  all  self-government,  created  more 
local  mischief  than  they  have  remedied,  and  have  grown 
to  be  prolific  of  abuse  and  corruption  in  the  legislative 
bodies." 

In  accordance  with  the  plan  adopted  in  this 
State,  the  Constitution  provides  for  the  re 
moval  by  the  Governor,  upon  charges  and  after 
a  hearing,  of  specified  local  officers  elected  by 
the  people.  And  statutes  have  provided  simi 
lar  methods  of  accountability  in  connection 
with  various  local  officers  not  mentioned  in 
the  Constitution. 

In  acting  in  such  matters  the  Governor  ex 
ercises  an  extraordinary  power,  and  his  exercise 
of  it  is  not  reviewable;  but  it  was  felt  that 
the  power  to  require  accountability  should  be 
lodged  somewhere;  and  while  in  this  State,  in 
the  cases  of  certain  minor  judicial  officers,  the 
power  of  removal  is  lodged  with  designated 
courts,  and  in  the  case  of  higher  judicial  officers 
with  the  Legislature,  and  in  the  case  of  most 
officers  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate,  it  is  lodged 
with  the  Senate,  on  the  recommendation  of  the 
Governor, — in  the  case  of  important  local  offi 
cers  charged  with  the  enforcement  of  the  law 
it  is  placed  solely  with  the  Governor.  And  this 
power,  as  has  been  said,  is  to  be  exercised  by 


280  Charles  Evans  Hughes 

the  Governor  upon  charges  and  after  a  hearing. 
That  is  to  say,  it  is  the  intent  of  the  constitu 
tional  provision,  and  of  the  statutory  provisions 
modelled  upon  it,  that  charges  shall  be  pre 
sented  against  a  local  officer  which  specify  in 
a  suitable  manner  dereliction  of  duty  warrant 
ing  removal,  that  due  hearing  be  had,  and  that, 
in  order  to  justify  the  removal,  the  charges 
shall  be  found  to  be  sustained.  While  the 
action  of  the  Governor,  under  the  decision  of 
our  Court  of  Appeals,  is  not  reviewable  by  the 
courts,  he  necessarily  acts  not  arbitrarily,  but 
under  the  gravest  responsibility. 

Thus  the  quality  of  the  administration  of 
local  officers  lies  with  the  citizens  of  the  com 
munity.  They  will  have  good  or  bad  adminis 
tration  as  they  insist  on  the  former  or  are 
content  with  the  latter.  If  the  laws  are  violated, 
or  if  administrative  duties  are  not  performed, 
it  may  be  brought  to  the  attention  of  the 
local  officer  concerned.  If  he  fails  to  do 
his  duty,  charges  may  be  laid  before  the 
Governor,  as  provided  in  the  Constitution 
and  statutes. 

This  is  the  manner  in  which,  with  reference 
to  local  administration,  the  Chief  Executive  is 
able  to  secure  enforcement  of  the  laws.  The 
duty  of  direct  enforcement  lies  with  the  local 


Civic  Forum,  Nov.  20,  1907      281 

officers  responsible  to  the  people  who  elected 
them.  They  are  scattered  through  the  sixty- 
one  counties  of  the  State,  and  it  is  manifestly 
impossible  for  the  Executive  to  supervise 
these  numerous  administrations  directly  save 
as  dereliction  is  presented  in  the  constitu 
tional  manner.  But  by  availing  themselves 
of  the  remedies  afforded,  our  citizens  may  hold 
their  officers  to  proper  accountability  and  se 
cure  the  conduct  of  office  in  reasonable  fulfil 
ment  of  its  obligations. 

I  find  no  cause  for  discouragement.  I  be 
lieve  that  our  citizenship  was  never  more  alert 
and  insistent  upon  maintaining  proper  stand 
ards  of  efficient  administration  than  to-day. 
And  I  believe  it  would  be  difficult  to  point  to 
a  time  when  a  larger  proportion  of  public 
officers  were  striving  honestly  to  do  their 
duty.  In  demanding  justice  we  must  not  for 
get  to  do  justice.  Nothing  is  gained  by  mak 
ing  suspicion  do  duty  for  facts.  The  tendency 
to  a  cynical  and  censorious  spirit  in  our  citizen 
ship  should  be  checked.  Especially  unworthy 
is  such  a  spirit  in  those  who  pose  as  the 
prophets  of  reform.  The  first  qualification  of 
any  one  who  would  seek  to  secure  better  ad 
ministration  is  entire  candor  and  the  spirit  of 
fair  play.  I  want  no  more  to  do  with  the  man 


282  Charles  Evans  Hughes 

who  will  spread  false  accusation  or  without 
good  just-basis  of  fact  will  endeavor  to  give 
currency  to  aspersions  upon  public  officers, 
than  with  those  who  are  faithless  to  their  trust. 
There  is  no  health  in  either.  If  you  have  the 
facts  which  show  that  a  public  officer  is  dere 
lict,  you  have  no  need  for  innuendo  and  you 
may,  and  should,  press  your  case  relentlessly 
albeit  with  pity  in  your  heart.  But  if  you 
have  not  the  facts,  then  be  fair,  and  let  your 
suspicions  justify  your  search  and  your  rigid 
inquiry,  but  nothing  more  until  the  facts,  and 
all  the  facts,  are  found. 

In  estimating  the  duties  of  officers  we  in 
sist,  and  must  increasingly  insist,  upon  work 
proportioned  to  the  exigency ;  upon  admin 
istration  suited  to  the  responsibilities  of  the 
office.  We  must  have  efficiency ;  that  is  to 
say,  we  must  insist  that  those  things  which  are 
comprehended  within  the  duty  of  the  office, 
and  upon  attention  to  which  the  welfare  of  the 
people  depends,  shall  be  done,  and  that  the 
community  shall  not  be  mocked  by  counterfeit 
administrations.  To  this  end  we  must  con 
stantly  labor,  and  by  seeking  to  enlarge  the 
interest  of  the  people  in  the  workings  of  the 
government,  by  popularizing  methods  of  selec 
tion  of  candidates,  by  aiming  in  all  depart- 


Civic  Forum,  Nov.  20,  1907  283 

ments  to  secure  the  best  service  for  the  State, 
and  by  holding  all  officers  to  strict  accounta 
bility,  we  may  hope  to  come  more  closely  to 
the  realization  in  practical  administration  of 
the  democratic  idea  of  an  office. 


XV. 

Speech  at  the  Meeting  in  the  Interest  of 
Tuskegee  Institute,  Held  at  Carnegie 
Hall  on  the  Evening  of  January  17, 
1908. 

We  are  here  to-night  to  emphasize  our  in 
terest  in  the  work  that  is  being  done  for  the 
benefit  of  our  fellow  citizens  of  the  black  race. 
From  a  proper  viewpoint  it  is  a  work  for  our 
own  benefit  as  well.  It  is  essential  to  the  in 
terests  of  the  people  as  a  whole. 

We  can  never  afford  to  lose  sight  of  the 
fundamental  objects  alike  of  enlightened  self- 
interest,  of  philanthropy,  and  of  patriotism. 
These  are  first,  to  give  opportunity  and  stim 
ulus  so  that  each  man  may  make  the  most  of 
himself ;  further,  to  stimulate  that  wholesome 
interest  in  the  welfare  of  our  fellows  which  will 
make  usefulness  and  service  the  standards  of 
our  activities,  and  without  which  talent  and 
trained  skill  are  prostituted  to  ignoble  and  cor 
rupt  purposes  ;  and  still  further,  to  see  that  our 
laws  and  our  administration  of  laws  shall  secure 

284 


Tuskegee  Institute,  Jan.  17,  1908    285 

equality  of  civil  rights,  shall  protect  the  gains 
of  honest  effort,  and  shall  make  the  field  of  our 
labors  a  fair  one  in  which  talent  and  industry 
shall  have  a  chance  on  their  merits  free  from 
all  preventable  oppression. 

These  aims  are  not  sectional  nor  do  they 
concern  exclusively  any  race  or  any  portion  of 
our  population.  They  are  the  aims  of  a  free 
people  and  they  must  be  constantly  emphasized 
with  regard  to  all,  white  and  black,  whatever 
their  occupation  or  antecedents.  He  is  a  bold 
man  who  would  attempt  to  forecast  the  destiny 
of  any  people.  A  few  centuries  ago  the  an 
cestors  of  most  of  us  were  living  a  savage  life 
in  the  forests  of  northern  Europe.  We  have 
been  fortunate  in  opportunities  for  free  and 
independent  effort  and  have  attained  a  high 
degree  of  civilization,  which  at  a  time  not  long 
remote,  if  we  consider  the  period  of  recorded 
human  history,  would  have  been  beyond  the 
bounds  of  prophecy.  We  have  reason  for 
pride  in  what  has  been  accomplished.  But  we 
take  little  account  of  the  past  if  we  do  not  con 
stantly  strive  to  widen  the  area  of  opportunity 
and  to  do  all  in  our  power  to  promote  the  de 
velopment,  raise  the  standards,  and  to  increase 
the  efficiency  of  those  who  have  been  denied 
our  own  advantages. 


286  Charles  Evans  Hughes 

The  black  man  is  entitled  to  his  chance.  He 
is  entitled  to  the  advantages  of  training  and 
education.  He  is  entitled,  under  the  stimulus 
of  free  institutions,  to  an  opportunity  to  prove 
by  his  works  what  is  in  him,  and  to  make  his 
contribution,  according  to  his  talent  and  apti 
tude,  to  the  sum  of  our  productive  labors  and 
of  our  National  life ;  and  he  is  entitled  to  the 
rewards  which  his  character  and  industry  may 
deserve.  There  is  no  color  line  in  good  work, 
whether  of  hand  or  brain.  Good  work,  trained 
skill,  and  sterling  integrity  are  the  same  irre 
spective  of  race,  color,  or  previous  condition  of 
servitude.  The  effort  should  be  likewise  irre 
spective  of  race,  to  increase  the  efficiency,  to 
produce  the  skill,  and  to  develop  the  charac 
ter.  For  this  purpose  there  is  guaranteed 
the  equality  of  civil  rights,  and  nothing  should 
be  left  undone  to  make  provision  for  education, 
and  for  training  of  mind  and  character.  It  has 
well  been  said  that  whatever  problem  the  pro 
gress  of  the  negro  may  present,  it  is  not  com 
parable  with  that  which  will  be  presented  by 
stagnation  or  retrogression.  In  this  land  the 
door  of  opportunity  must  be  wide  open  to  our 
citizens.  We  want  neither  slaves  nor  serfs,  nor 
any  body  of  citizens  permanently  below  the 
standards  which  must  be  maintained  for  the 


Tuskegee  Institute,  Jan.  17,  1908    287 

preservation  of  the  Republic.  We  cannot 
maintain  our  democratic  ideals  as  to  one  set  of 
our  people  and  ignore  them  as  to  others. 

One  of  the  most  characteristic  features  of 
recent  progress  is  that  preparation  for  active 
life  becomes  more  definite  and  less  haphazard. 
On  every  hand  new  opportunities  are  being 
provided  to  fit  men  for  some  useful  work. 
These  are  made  necessary  by  the  conditions 
of  modern  life  and  the  necessity  of  special 
preparation  with  regard  to  a  constantly  in 
creasing  number  of  tasks.  The  best  stimulus 
to  industry  is  the  ability  to  do  something 
well ;  and  the  greatest  temptation  to  shift- 
lessness  is  the  lack  of  any  apparent  opportunity 
for  usefulness. 

The  widening  of  the  sphere  of  educational 
work  is  shown  not  simply  in  provision  for 
technical  training,  but  notably  in  connection 
with  agriculture.  There  is  a  widespread  de 
mand  for  elementary  and  practical  instruction 
in  farming  and  kindred  subjects,  a  demand 
which  is  likely  in  time  to  affect  profoundly  our 
system  of  public  instruction.  As  a  leading 
educator  said  to  me  yesterday  :  "  It  is  proba 
ble  that  in  the  future  our  boys  will  be  prepared 
not  simply  for  the  office,  but  will  be  taught 
how  to  live  in  the  country." 


288  Charles  Evans  Hughes 

In  this  provision  for  necessary  instruction 
to  enable  men  to  make  the  most  of  themselves 
in  every  field  of  activity,  the  negro  must  have 
a  generous  share.  It  must  be  a  share  propor 
tioned  to  his  need.  It  is  because  that  at  Tus- 
kegee  such  important  work  has  been  done  for 
the  training  of  the  negro,  work,  the  accom 
plishment  of  which  puts  us  under  lasting  obli 
gation  to  the  distinguished  founder  and  director 
of  the  institution,  that  we  are  here  to-night. 
We  desire  that  this  work  shall  be  continued ; 
that  those  who  have  been  there  trained  for 
leadership  shall  have  abundant  opportunity  in 
other  schools  to  follow  this  example.  The 
record  of  the  institution  is  eloquent  of  the 
results  which  may  be  reached  by  intelligent 
effort.  And  in  wishing  Godspeed  to  this 
work  we  express  our  interest  in  the  work  of  all 
other  institutions  which  are  honestly  striving 
to  provide  these  much-needed  opportunities. 

In  providing  them  we  do  not  desire  simply 
to  get  the  products  of  labor,  simply  to  increase 
the  wealth  of  the  country,  by  adding  to  the  sum 
of  effort.  Economic  motives  are  well  enough. 
But  this  country  is  not  a  mere  wealth-produc 
ing  machine.  None  of  its  problems  can  be 
solved  if  its  people  are  treated  merely  as  parts 
of  an  industrial  mechanism.  It  is  a  country  of 


Tuskegee  Institute,  Jan.  17,  1908    289 

men,  with  the  aspirations  and  the  dignity  of 
manhood.  The  fundamental  requirement  is 
self-respect,  upon  which  character  and  the 
highest  efficiency  necessarily  depend.  And 
with  respect  to  white  and  black,  conditions 
which  promote  the  wholesome  feeling  of  per 
sonal  honor  and  individual  worth  are  alone  the 
conditions  which  will  secure  lasting  benefits 
for  our  society  and  the  solution  of  the  grave 
problems  which  confront  it. 


Addresses  and  Presidential 
Messages 

Of 

Theodore  Roosevelt 

1902-1904 

With  an  Introduction  by 

Henry  Cabot  Lodge 

Standard  Library  Edition,    with,  photogravure  frontis 
piece,  uniform  with  the  Works.     Octavo,  $2.00. 
Popular  Edition.     Crown  Svo.,  $1.25 

It  is  most  important  that  people  should  be  able  to  read  and, 
let  us  hope,  ponder  well  what  has  been  written  or  said  by  any 
man  to  whom  they  are  asked  to  intrust  the  Presidency  of  the 
United  States.  For  that  reason  this  volume  has  far  more 
significance  than  that  of  being  merely  an  edition  to  the  col 
lected  works  of  President  Roosevelt.  Here  in  these  pages  is 
the  real  man.  We  may  think  his  views  of  public  politics  are 
wise  or  unwise,  but  no  one  can  read  these  speeches  and  not 
realize  that  the  man  who  made  them  is  not  only  intensely 
patriotic,  but  that  he  is  also  trying  to  make  the  world  better, 
is  seeking  the  triumph  of  good  over  evil,  and  so  far  as  he  can 
do  it  is  striving  to  have  righteousness  prevail  on  the  earth. 

The  volume  is  published  with  the  full  approval  of  Presi 
dent  Roosevelt,  and  the  selection  of  the  addresses  has  been 
under  his  supervision.  The  publishers  desire  to  make  clear, 
however,  that  in  Mr.  Roosevelt's  opinion  these  speeches  have 
been  dedicated  to  the  public  and  he  derives,  therefore,  no 
business  advantage  from  their  publication. 

Send  for  descriptive  circular. 

G.  P.  Putnam's  Sons 

New  YorK  London 


"A  work  of  the  highest  interest  and  importance" 

The  Late  Hon.  John  Hay,  Secretary  of  State. 

The  Republican  Party 

A  History  of  its  Fifty  Years'  Existence  * 
Together  with  a  Record  of  its  Measures  and 
its  Leaders 

1854=1904 

By 
Francis  Curtis 

With  a  Foreword  by  President  Roosevelt,  and  with  Introductions 

from  Hon.  William  P.  Frye,  Presiding  Officer  of  the  United 

States  Senate,  and  from  Hon.  Joseph  G.  Cannon, 

Speaker  of  the  House  of  Representatives 

Two  Volumes,  Octavo,  with  Photogravure  Frontispieces. 
-Ye*,   $6.OO.     (.Carriage,  4Oc.) 

Mr.  Curtis  has  produced  a  work  that  should  be  welcomed 
not  only  by  Republicans  but  by  every  student  of  the  political 
history  of  our  nation.  It  is  in  no  sense  a  campaign  production, 
but  is  presented  as  a  work  of  permanent  authority  for  students, 
for  readers,  and  for  reference.  Mr.  Curtis  confines  himself 
for_  the  most  part  to  an  historical  record  of  the  events  and 
legislation.  Certain  divisions  of  the  work  are,  however, 
properly  devoted  to  an  analysis  of  the  several  defections  from 
the  party  of  certain  groups  of  voters  who  associated  themselves 
with  the  Democrats,  or  who  took  an  independent  position. 
The  work  concludes  with  an  outlook  for  the  future,  based 
upon  the  premise  that  the  work  of  the  party  has  at  no  time 
ceased,  but  that  it  has  from  time  to  time,  as  one  issue  has  been 
brought  to  a  successful  termination,  taken  up  other  tasks  that 
have  presented  themselves.  It  is  the  contention  that  these 
successive  responsibilities  have  been  fulfilled  with  fidelity  to 
the  best  interests  of  the  whole  people  and  for  the  lasting  good 
of  the  country.  The  second  volume  includes  an  Appendix, 
which  presents  brief  records  of  party  organizations,  together 
with  statistics  and  information  invaluable  for  reference.  A 
comprehensive  Index  closes  the  work. 

Send  for  complete  descriptive  circular. 

G.  P.  PUTNAM'S  SONS 

New  "YorK  London 


By  James  Albert  Woodburn 

(Professor  of  American  History  and  Politics,  Indiana  University) 

The  American  Republic  and  Its  Government. 

An  Analysis  of  the  Government  of  the  United 
States,  with  a  Consideration  of  its  Funda 
mental  Principles  and  of  its  Relations  to  the 
States  and  Territories.  Octavo  (by  mail, 
$2  20) net,  $2  oo 

41  A  sounder  or  more  useful  commentary  has  never  before 
seen  the  light.  Even  Mr.  James  Bryce's  study  of  the  'Ameri 
can  Commonwealth '  must  on  the  whole  be  deemed  less  fruit 
ful.  Not  a  single  page  should  be  overlooked." — M.  W. 
HAZELTINE  in  the  N.  Y.  Sun. 

'*  Every  citizen  that  wishes  to  obtain  a  clear  and  compre 
hensive  knowledge  of  the  government  under  which  he  lives 
can  hardly  forego  acquaintance  with  this  work,  and  its  orderly 
arrangement  and  lucid  style  will  make  the  acquaintance  a 
pleasure  as  well  as  a  profit." — Indianapolis  News. 

Political  Parties  and  Party  Problems  in  the 
United  States.  A  Sketch  of  American 
Party  History  and  of  the  Development  and 
Operations  of  Party  Machinery,  together  with 
a  Consideration  of  Certain  Party  Problems  in 
their  Relations  to  Political  Morality.  Octavo 
(by  mail,  $2  20)  .  .  .  net,  $2  oo 

"An  exceptionally  clear,  interesting,  and  impartial  history 
of  American  political  parties,  a  lucid  explanation  of  the  work 
ings  of  party  machinery,  and  a  strong  statement  of  the  moral 
evils  now  debasing  our  political  life,  and  the  remedies  which 
an  awakened  public  conscience  may  apply.  A  thoroughly 
good  book  for  the  school  and  for  the  study." — Outlr+b- 

Send  for  Descriptive  Circular 

G.  P.  PUTNAM'S  SONS 

NIW  YORK  LONDON 


American  Orations 

FROM  THE  COLONIAL  PERIOD 
TO  THE  PRESENT  TIME 


Selected  as  specimens  of  eloquence,  and  with 
special  reference  to  their  value  in  throwing  light 
upon  the  more  important  epochs  and  issues  of 
American  history. 

Edited,  with  introductions  and  notes,  by  the 
late  ALEXANDER  JOHNSTON,  Professor  of  Juris 
prudence  in  the  College  of  New  Jersey. 

Re-edited,  with  new  material  and  historical 
notes,  by  JAMES  A.  WOODBURN,  Professor  of 
American  History  and  Politics  in  Indiana  Uni 
versity. 

FOUR  VOLUMES, 

EACH    COMPLETE    IN    ITSELF    AND    SOLD    SEPARATELY 

Crown  octavo,  gilt  tops,  per  volume,  $1.25 
Set,  four  volumes,  in  a  box  .  .  5.00 
Half  calf,  extra 10.00 

SERIES  I.  Colonialism — Constitutional  Govern 
ment — The  Rise  of  Democracy — The  Rise 
of  Nationality. 

SERIES  II.  The  Anti-Slavery  Struggle. 

SERIES  111.  The  Anti-Slavery  Struggle  (Contin 
ued) — Secession. 

SERIES  IV.  Civil  War  and  Reconstruction — 
Free  Trade  and  Protection — Finance  and 
Civil-Service  Reform. 

"  Regarded  merely  as  studies  in  language,  these  orations  contain  some 
of  the  most  eloquent  and  persuasive  speeches  in  the  English  tongue.  But 
more  than  this,  the  present  collection  has  a  permanent  historical  value 
which  can  hardly  be  overestimated.  The  very  spirit  of  the  times  is  pre 
served  in  these  utterances;  and,  presented  in  this  cogent  form,  history  in 
a  peculiar  sense  repeats  itself  to  the  reader,  who  feels  the  impulse  of  past 
evtr.csand  the  vitality  of  great  principles  behind  them."— School  Journal. 

G.  P.  PUTNAM'S   SONS 

NEW  YORK  LONDON 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


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General  Library 


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219053 


